Peeping Tom Ordered to Pay Female Colleague over $30k

“I’m not being nosey, I’m just trying to get to know you on a deeper level... without your consent”.  This line could summarise a recent Human Rights Review Tribunal (Tribunal) case, which was heard in 2020, the decision for which was released in January 2024.

It’s the type of ‘suggestive’ content you might expect to see in a movie – not in a workplace - and more particularly, not in a New Zealand workplace these days!

The matter involved a male employee at a workshop who was caught peeping at a female colleague while she was on the toilet.  The male colleague was second in charge at the now-liquidated workshop, which was owned by his friend.  The male was ordered to pay his female colleague over $30,000 plus costs in compensation for the sexual harassment she endured.

The Case

The case against the male related to a series of events that took place leading up to November 2016. The female colleague alleged that he entered her office to push a ring on her finger, before touching her on the shoulder, waist, thigh, and the side of her buttock. He later apologised for the incident.  In another incident the same month, another employee told the female that her male colleague had been watching her use the bathroom through a hole in the toilet wall. According to the female, the following day, she waited in the toilet with her phone in hand for an eye to appear on the other side of the hole in the toilet wall.  When the unwelcome eye appeared, she attempted unsuccessfully, to take a photo of the man so she could confront him.  When she confronted him, the female stated he responded by shouting at her in front of other employees. That was the breaking point in what the female claimed was a string of sexually harassing behaviours from her male colleague over the nearly two years she worked at the workshop.  According to the female, she allegedly suffered "day-to-day harassment" from her colleague.  The female alleged that prior to the peeping incident, her male colleague had also commented on her clothes and appearance, sang Hindi love songs in her presence, touched her shoulder, encroached on her personal space, and sent her a video of a waitress displaying a menu on her bare buttocks. 

 The man denied any sexual harassment at the Tribunal, arguing that some of the behaviours were "taken out of context" and were not of a sexual nature.  He accepted however, that he knew about the hole in the toilet wall but took no action to repair it or report it to the owner.

 The Tribunal found in favour of the female employee, ruling that all elements needed to prove a sexual harassment claim had been established and therefore the male had sexually harassed his female colleague "…In particular, the tribunal has found that [the man] subjected [the employee] to language, visual material, and physical behaviour of a sexual nature which was both unwelcome and offensive. This behaviour was repeated and of such a significant nature that it had a detrimental effect on her in respect of her employment (which she ultimately ended)."

In its ruling, the Tribunal indicated it recognised the ongoing humiliation of what the female had been subjected to over the two-year period of her employment, noting there was a significant power imbalance with the male being a friend of the owner, he was more senior than the woman and also older than her.

The Tribunal ordered the man to pay his former colleague $29,000 for humiliation, loss of dignity and injury to feelings and close to $3000 in lost wages, as well as costs.  

Employer Take-aways

This case is a timely reminder that sexual harassment at work is unacceptable, a workplace risk and can be considered serious misconduct.  It is a serious issue that employers must investigate and act on swiftly. 

For your own workplace:

• Ensure locks are installed on all toilet doors.
• Ensure toilet windows are either frosted or covered by blinds.
• Create a workplace culture of zero tolerance for any form of bullying or harassment.
• Have a workplace Policy which addresses matters such as bullying and harassment and the process/procedure for dealing with concerns.
• Make the workplace Policy and expectations known at employee inductions.
• Conduct training sessions for all staff and management on sexual harassment and prevention.
• Ensure that the workplace is free of ‘suggestive’ material and activity (eg calendars, screen-savers, online viewing of inappropriate material).
• Make complaint procedures accessible.
• Recognise and promote diversity and inclusion.
• In the event a complaint is raised, deal with it swiftly and confidentially (as appropriate).

For assistance in navigating bullying or harassment concerns in your workplace, or should you be seeking other HR or Health & Safety advice, get in touch with a member of the SBS Team.  Freephone 0508 424 723 or visit www.safebusiness.co.nz