Fair Work Act sexual harassment prohibition tested by the Courts
Case
Mejia v Capital City Café-Bar Pty Ltd (2026)
A casual hospitality worker commenced proceedings against her former employer’s sole director, alleging she was sexually harassed in contravention of section 527D of the Fair Work Act 2009 (Cth) (FW Act).
The worker claimed she was sexually harassed by the director, who engaged in unwelcome physical conduct, including hugging the worker, offering her money and kissing her on the lips without consent. The conduct occurred in the workplace and during working hours.
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