Positive duty to guard against sexual harassment and discrimination
The Case
Kumari v Bervar Pty Ltd t/as Della Rosa Fresh Foods (2023)
Bread and pizza manufacturer Bervar Pty Ltd employed Ms Kumari as a production worker. Ms Kumari made complaints to Bervar about sexual harassment, victimisation and discrimination. In response, Bervar directed Ms Kumari to take annual leave, and proposed to transfer her to a different role at another Bervar worksite. Ms Kumari commenced proceedings against Bervar in the Victorian Civil and Administrative Tribunal (VCAT).
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