Woman wanted TRUenergy to end harassment
Kate Shea, the former director of corporate and government affairs, is suing the company - now called EnergyAustralia - in the Federal Court in Melbourne for unlawfully terminating her employment after she reported allegations she had been sexually harassed by then chief financial officer Kevin Holmes and complained of the sexual harassment culture at work.
Ms Shea told the court on Tuesday that after a dinner with colleagues on a working trip to Hong Kong, she went to a bar with Mr Holmes, where he began asking her about the health of her husband, who suffers a long-term illness. She said Mr Holmes then rubbed his hand up and down her back, to the hair on the nape of her neck, and on her thigh.
She said she did not invite or consent to this: "I was absolutely horrified and I was also conscious of the fact I had to continue working with him but it made me feel humiliated."
She later went back to her hotel room, where her husband was sleeping, and told him about the incident.
The next day she told a colleague and a friend about it, and recounted the incident to the company's director of human resources when she arrived back at work the next week.
One of EnergyAustralia's key arguments will be that Ms Shea was not entitled to protection under the Fair Work Act because she did not make the complaint in good faith.
Ms Shea rejected this, saying that this, and other complaints she made about Mr Holmes, based on accounts from other witnesses, were true.
Her lawyer, Charles Gunst, QC, asked her why she raised each complaint. She replied each time: "Because I wanted the company to do something about it."
Ms Shea's employment was later terminated after the company claimed her position had become redundant in a restructuring. She claims she was unlawfully terminated due to her complaints.
The trial continues.
Frequently Asked Questions about this Article…
The case is a Federal Court lawsuit in Melbourne in which former director Kate Shea alleges she was unlawfully dismissed after reporting sexual harassment and a workplace harassment culture at TRUenergy, now called EnergyAustralia. The trial is ongoing.
Kate Shea is the former director of corporate and government affairs who says she was sexually harassed by then chief financial officer Kevin Holmes and that she complained about a culture of sexual harassment at the company before her employment ended.
Ms Shea told the court that after a work dinner in Hong Kong she went to a bar with Kevin Holmes, who she says asked about her husband’s health and then rubbed her back, the nape of her neck and her thigh without her consent. She reported feeling horrified and later told colleagues and the company’s director of human resources.
EnergyAustralia has argued the complaint was not made in good faith and therefore Ms Shea was not entitled to protection under the Fair Work Act. The company also says her role became redundant during a restructuring—the basis it gave for her termination.
According to the article, Ms Shea told a colleague and a friend the day after the incident and then reported it to the company’s director of human resources when she returned to work. She told the court she raised each complaint because she wanted the company to do something about it.
Ms Shea says she was unlawfully terminated because she complained about sexual harassment. EnergyAustralia says her position was made redundant in a restructure—this dispute is part of what the trial will determine.
The matter is before the Federal Court in Melbourne and, per the article, the trial is continuing with further hearings to determine the issues raised by both sides.
The court will consider whether Ms Shea was unlawfully terminated after making complaints about sexual harassment, whether those complaints were made in good faith for the purposes of the Fair Work Act, and whether the company’s redundancy and restructuring claims justify the termination. The trial is ongoing.
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