An air traffic controller is suing her ex-employer Airservices Australia, saying she was subjected to bullying and sexual discrimination, in a landmark case which will decide whether exposure to a colleague’s online pornography is a breach of the Sex Discrimination Act.
Kirsty Fletcher’s lawyers, Maurice Blackburn, have argued that just as people can pursue claims of unlawful discrimination over pornographic posters, so too should a woman exposed to pornography online.
Fletcher, whose position has been terminated, has alleged that an ASA manager distributed pornographic material to other managers and employees regularly over a number of years. She has also said she feared a physical assault from a manager while pregnant.
Fletcher yesterday told reporters outside the Federal Court that she wished it hadn’t come to this.
Industrial relations lawyer Peter Vitale says, in principle, he’s not sure why the online material should be treated any differently to posters.
“I think there’s some suggestion that this might be a revolutionary solution, but it seems to me a natural extension.”
“Most employers as part of their computer use policy would have something in them which prohibits the saving of that kind of material using company systems, and one of the reasons for that is they want to avoid a claim of sexual harassment.”
Under the Sex Discrimination Act, engaging in unwelcome conduct of a sexual nature which a reasonable person would anticipate that a person could find offensive, intimating or humiliating constitutes sexual harassment.
Maurice Blackburn Principal Josh Bornstein says “there is case law establishing that women exposed to pornographic posters at work can pursue claims of unlawful discrimination.”
“We see no reason why the result should be different where the pornographic images and video content are on display on computer screens of colleagues and managers,” Bornstein says.
“Our client was exposed to pornographic sexual images while at work. We believe that by allowing this to occur, Air Services breached the Federal Sex Discrimination Act.”
According to the ABC, Airservices Australia has said it takes harassment and bullying seriously.
“We do not tolerate the alleged behaviour at the centre of these claims. Airservices is committed to fairness and diversity in the workplace and we have strong policies and procedures in place to deal with these issues,” the statement said.
It has argued that pornography on a workplace computer is not grounds for action under the act.
A directions hearing will be heard on October 13.
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