The plaintiff’s claim of sexual assault was dismissed primarily because of factual inconsistencies and lack of corroboration as to the prior conduct and reporting of the harassment to her supervisor. On this basis, despite the employer’s sexual harassment policies and procedures being rudimentary, there was no breach of duty. Secondly, the plaintiff’s claim failed because of her discrepancies in her reporting to the psychiatric experts.
The plaintiff’s pre-existing history of sexual abuse history, drug dependency, extramarital affair(s) around the time of the alleged sexual assault, and its consequence on her marriage and ability to work were not accepted by the court.
David Cormack – Brisbane Barrister and Mediator