No hug ruling must be embraced by employers
Thursday, December 2, 2010 In a case workplace experts say highlights the need for employer vigilance, a disability support organisation, Distinctive Options, was found vicariously liable for sexual harassment after one of its case workers was repeatedly hugged by another. The Victorian Civil and Administrative Tribunal found the hugs bestowed on 62-year-old Colin Sammut were not jovial and supportive but "physically intimate" and "like a man hugs a woman". Mr Sammut, who made the harassment complaint after being dismissed, said he had repeatedly indicated the hugs were unwelcome because he didn't like physical intimacy. The tribunal heard this was common knowledge and he had been given the nickname "Colin who does not like to be touched" in the office. A tribunal member, Elizabeth Wentworth, found his co-worker gave him physically intimate hugs that were "more than putting an arm around his shoulder".
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