Scenario: The NSW Administrative Decisions Tribunal awarded a 16-year-old apprentice electrician damages for sexual harassment after hearing that his supervisor had touched the male apprentice on the scrotum and repeatedly asked him to "give him head".
The Tribunal's full bench said the supervisor's conduct was unwelcome, and accepted that the apprentice had complained and had lashed out and kicked the supervisor when touched on the scrotum.
The apprentice was also deliberately burnt on the neck with a cigarette lighter and had a cigarette stubbed out on his arm.
The tribunal also found that the supervisor called him names such as "homosexual", and "ball-licker" and that this amounted to conduct of a sexual nature within the terms of the provisions of section 22A(b) of the NSW Anti-Discrimination Act.
The apprentice resigned two months after he started employment when the supervisor allegedly threw a lit cigarette into his eye.
The harassment by the supervisor led to the apprentice becoming depressed and developing a post traumatic stress disorder.
The bench ordered the supervisor to pay the former apprentice $10,000 in general damages and $5,286 in special damages. The employee settled his claim against his
former employer prior to hearing. Gabryelczyk v Hundt [2005] NSWADT 94
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