Case Study 2: (20 Marks) Assignment Questions: Case Study 2 According to Harmers Workplace Lawyers, recent cases of complaints of sexual discrimination and harassment show a significant rise in the level of compensation payouts, prompting a tightening of companies’ Equal Employment Opportunity (EEO) policies and training to ensure that their reach is extended to the company’s most senior executives. This is because sexual harassment is worst at the executive level in organisations, both public and private. Tony Vernier, a partner at Thomson Playford Cutlers, said that sexual harassment issues are the number-one risk factor employers should have on their radar. Australia’s second-largest award for sexual harassment indicates the significance of the issue of sexual harassment and the abuse of power in the workplace. In 2009 the Federal Court ruled that Malgorzata Poniatowska, a female employee of South Australian housing developer Hickinbotham Group, was sexually abused and then unfairly sacked when she made multiple complaints about the abuse. The Hickinbotham Group was ordered to pay $466 000 in damages and her legal expenses, which at the time of the court resolution were expected to amount to more than $1 million. Poniatowska had made a number of complaints to her manager about lurid emails and text messages from male colleagues. Following these complaints, she was sacked on the grounds that her job performance was not up to standard. Justice John Mansfield did not accept performance as a justifiable reason for the dismissal, and instead he observed that ‘Ms Poniatowska was not treated as the victim of sexual harassment, but as a problem to be dealt with’. Subject Guide Holmesglen: TC 10-Dec-2015 L:TeachingSharedDegree & Grad CertsBachelor - Multiple Degree Subjects2016Sem 1Organisational BehaviourBAC205_2016_1_ Degree Outline.docx Page 21 of 24 Tony Vernier also expressed his concern that attendance by employees at a work Christmas party or function is considered to be ‘in the course of employment’, and consequently employers have legal obligations to their employees. He also points out that employers should be aware that those obligations may extend beyond the period of the Christmas party itself, that is, the party after the Christmas party. He pointed to the high-profile case of Carlie Streeter v. Telstra Corporation  AIRC 679, which captures media headlines with its themes of drunken sex romps. While not the key finding, it was significant that the case proceeded on the basis that conduct involving Telstra employees that took place in a privately paid-for hotel room, well after the work Christmas party had concluded, occurred ‘in connection’ with their employment. Sources: Sarah O’Carroll, ‘Sexual harassment worst at executive level’, Human Resources Leader, 11 November 2008; Anonymous, ‘Unaddressed sexual harassment costly’, Human Resources Leader, 7 July 2009, p. 6; and Zoe Lyon, ‘How to avoid Christmas party pandemonium’, Human Resources Leader, 11 November 2009.found in Robbins et al 2011, Organisational behaviour, 6th edn, Pearson Education Australia Assignment Questions: Case Study 2 (20 marks) 1. Fully define the terms Sexual Harassment and Bullying and discuss how they relate to power. (5 marks) 2. Research and explain the consequences of sexual harassment and bullying in the workplace (5 marks) 3. Research and discuss an example of what organisations are doing to deal with power abuse. What are they doing to prevent and deal with sexual harassment and bullying in the workplace? (10 marks) Marking Criteria: These case studies require students to analyse the case studies and research the questions asked. proper citations and references. As a guide, 5 - 8 academic references are envisaged.