Wyndham Council worker claims discrimination in complaint process

A Wyndham Council worker disciplined for harassing a female colleague denied his workplace behaviour crossed the line. And he was so enraged at how he was treated over the incident, he took legal action against his employer for discrimination.

Asoka De Silva claimed he was discriminated against during a Wyndham Council investigation in to a complaint about him.

A Wyndham Council worker has taken legal action against his employer after he was disciplined for blowing on a colleague’s neck.

Asoka De Silva, 70, told VCAT the path to his desk was blocked by two colleagues chatting, so he blew on one woman’s neck to “signal to her that he was behind her”.

The woman filed a complaint against Mr De Silva and he was ordered to complete an equal employment opportunity, discrimination and harassment training module.

He told the tribunal the investigation into his behaviour was not handled properly by the council and he had been treated differently because of his age and gender.

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Mr De Silva said he wanted to file his own complaint about the female colleague after she allegedly made “I am watching you” hand signals at him at least 20 times, but claimed his grievance was not accepted because he was male.

He submitted a 76-paragraph claim, saying his manager acted in a “dictatorial way” when investigating the complaint against him and that his actions were not sexual harassment, his colleague just “did not like it”.

The council’s lawyer argued there was no evidence Mr De Silva had been discriminated against or even that anyone knew his age at the time.

Tribunal member Domenico Calabro ruled the Equal Opportunity Act had not been breached.

“No part of the applicant’s evidence … discloses discrimination on the basis of his sex and age in the area of employment,” he said.

“His misconception relates to how he perceived his employer treated him when they investigated an incident with a fellow worker.

“The applicant’s case is lacking in substance, to the extent that it is misconceived.”

Mr Calabro struck out Mr De Silva’s claims.