A tribunal has dismissed an ACT government contractor's claim that she was sexually harassed by a co-worker and found the man's description of himself as a "perve" to be irrelevant to the case.
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In a written decision, ACT Civil and Administrative Tribunal senior member Heidi Robinson detailed three sexual harassment allegations made by the complainant, who was engaged in May 2017 by Manpower Services Australia to work with a division of the government's Transport Canberra and City Services directorate.
The decision says the complainant's manager "rather informally" delegated responsibility for much of the complainant's training and induction to an experienced employee, who is referred to as Mr X.
The complainant alleged that less than two weeks into her placement, Mr X pushed his crotch into her elbow and breathed on her neck while showing her how to use a computer.
The complainant said that on later occasions, Mr X sat on her lap while she was sitting in his chair, and that he pretended to trip and fall in a confined space in an attempt to kiss or hug her.
Mr X denied any wrongdoing and said any physical contact that occurred during the first incident was not deliberate. He said he had no recollection of the other two alleged incidents.
In her decision, Ms Robinson said she did not believe the complainant had fabricated the allegations, but found the alleged incidents were "clearly not" sexual in nature.
"I am satisfied that each of the interactions were accidental, and were typical of the kind of accidental interactions that happen in a workplace and leave no lasting memory or impression," Ms Robinson wrote in her decision.
"In reaching this conclusion, I do not doubt that the complainant was disconcerted and perhaps offended by the incidents, which may be why she remembers them and Mr X does not.
"But that alone does not colour them as sexual in nature when they clearly were not."
Ms Robinson said information Mr X posted on Facebook, where he referred to himself as a "perve", was irrelevant to the case.
"Mr X gave very frank evidence as to the basis for that self-description, and the context in which it was used (being one of a number of adjectives used in connection to online activities and his online persona and intended to be self-deprecating and humorous)," Ms Robinson's decision says.
"I draw nothing adverse from that self-description. It relates to his private interests, and is not relevant to these proceedings."
Mr X admitted swearing at the complainant on one occasion and said that was inappropriate.
Manpower Services Australia sacked the complainant less than two months into her placement with Transport Canberra and City Services, citing reasons including that she inappropriately interrupted other staff members and managers, used inappropriate language and performed work at a volume "well behind" other staff.
The complainant later made an application to the ACT Civil and Administrative Tribunal, seeking remedies including that the ACT government engage her again or pay out the remainder of her terminated contract.
Along with the allegations of sexual harassment, the complainant also claimed that she was the victim of discrimination based on her age and race while assigned to Transport Canberra and City Services.
In dismissing the application, Ms Robinson said there was "simply nothing" to suggest that was the case.
Instead, Ms Robinson found any unfavourable treatment the complainant experienced was "a direct result of the complainant's own conduct and behaviour and the nature of her interactions with her colleagues".
The special member said she was not satisfied that Transport Canberra and City Services was aware of the complainant's allegations of sexual harassment or discrimination when she was sacked.
"I am satisfied on the basis of the oral and written evidence of the [complainant's] direct manager and senior manager that the true reason the territory requested that Manpower terminate the applicant’s employment was her unsatisfactory conduct and performance," Ms Robinson said.
