Judge finds sexual harassment but clears company of negligence
A judge found sexual harassment but dismissed a negligence claim for $1.1 million.
An ACT Supreme Court judge ruled that a real estate company director engaged in conduct likely to be sexual harassment toward a female employee. Justice Verity McWilliam accepted the woman's testimony about inappropriate comments and physical conduct during her employment from 2016 to 2022.
The judge dismissed Edson Group Pty Ltd's $1.1 million negligence claim. Negligence requires two things.
The company must have failed to provide a safe workplace. That failure must have caused injury.
The judge found the woman had not proven both. The case highlights a gap in legal protection.
Harassment can be found but the company can still not be held liable.
- Edson Group Pty Ltd
- Company
- Eduardo Duran
- Director
- $1.1 million
- Claim dismissed
- 2016 to 2022
- Employment period
Why it mattersThe ruling highlights a gap in legal protection. A judge can find harassment proven but the company can still not be held liable.
AustraliaAustralian employees who experience workplace harassment by directors or senior staff may struggle to hold companies liable through negligence claims, even if the harassment is established in court.
✓ Claims checked against the source and corrected before publish. checked 2 h ago
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