The Case

Warren Power v Lyndons Pty Ltd T/A Lyndons (2023)

Mr Power was a sales representative for Lyndons Pty Ltd. He was accused of making sexually explicit and derogatory comments, during an argument, to his work colleague, Mr Mitchell. Mr Mitchell resigned and made a complaint to Lyndons about Mr Power’s conduct. Lyndons arranged for an independent investigation into the complaint, which confirmed findings of sexual harassment. Lyndons thereafter summarily dismissed Mr Power.

Mr Power denied the incident had occurred and maintained the dismissal was a disproportionate reaction to the alleged conduct, given swearing was commonplace in the workplace.