What is considered inappropriate touching in the workplace and
what kind of conduct can justify a dismissal is often a difficult
road to navigate. In the recent case of George Talevsi v
Chalmers Industries Pty Ltd, continuously touching the
shoulders and hair of a co-worker was enough to justify dismissal.
Further, the age difference between the dismissed employee and his
co-worker meant it was understandable for the co-worker not to make
a formal complaint.
The dismissed employee, Mr Talevsi, allegedly continually
invaded the personal space of a co-worker, Ms Jordan, by touching
her shoulders and hair and giving "unwelcome hugs". Ms
Jordan did not believe the conduct to have a sexual nature, however
it nonetheless made her feel uncomfortable. She did not make a
formal complaint as she did not want Mr Talevsi to get in trouble.
However, she did want the conduct to stop and informed several
co-workers of the behaviour.
