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Courier Sacked For Kissing Young Female Clients Loses Unfair Dismissal

Courier sacked for kissing young female clients loses unfair dismissal

A courier sacked for kissing and hugging young female clients has lost his unfair dismissal claim.

The Fair Work Commission found the man’s dismissal was not harsh, unjust or reasonable.

Three separate women complained about about the worker’s sexual harassment.

Courier sacked for asking for a kiss

The 48 year-old worked for cash collection business Secure Cash, visiting different retailers to collect money.

One incident happened when the man arrived to collect banking from a clothing store.

He told two workers they had missed his birthday and asked, “Where is my kiss?”.

He then leaned over the counter putting his cheek up to the women’s faces.

Consequently, the company wrote a complaint to Secure Cash.

It said while the workers kissed his cheek, they felt uncomfortable and pressured to do so.

Additionally, the complaint alleged the man got physically close to the female employees.

For example, putting his arms around the waist of one, and hugging others when leaving.

Furthermore, another complaint alleged the man said to female staff at the store:

“When will you be leaving your boyfriend so we can run away together?”

In addition, he allegedly asked an 18 year-old employee for her phone number.

Inappropriate behaviour due to ‘Italian heritage’

However, the man argued his conduct is the result of his “cheeky nature” and his “Italian heritage”.

He denied asking staff for their phone numbers and further, claimed he never asked anyone to leave their boyfriend.

Finally, he maintains there is no sexual motivation behind his behaviour, describing it as “consensual and friendly”.

What the Commission said

However, Commission deputy president Geoffrey Bull didn’t agree, dismissing the man’s unfair dismissal claim.

“I do not find that summary dismissal was harsh, unjust or unreasonable, once this conduct was brought to the attention of the respondent.

“This conclusion is reached having regard to the considerable age difference between [the courier] and the female employee.”

No place for uninvited smooching in the workplace

Miles Heffernan, Litigation Director at Industrial Relations Claims welcomed the decision.

“There is no place for smooching in the modern workplace,” he said.

“Sexual harassment is determined by the person receiving it, not on the intentions of the accused.

“Never touch anyone you work with, including insisting they kiss you – even if it is your birthday.” 


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