Della Rosa Fresh Foods ordered to pay $53k to former worker

A Melbourne-based pizza giant has been ordered to pay more than $53,000 after a former employee complained of a colleague staring at her breasts.

A woman who was unfairly moved into a different job after calling out a colleague for staring at her breasts has been given a $53k payout.

A woman who was unfairly moved into a different job after calling out a colleague for staring at her breasts has been awarded compensation.

Sudesh Kumari will receive a $53,241 payout after suffering humiliation, distress, pain, suffering and loss of enjoyment of life when her employer, Della Rosa Fresh Foods, failed to take her sexual harassment complaint seriously.

She claimed her fellow worker at the pizza, bakery goods and ready meal manufacturing company in Campbellfield became angry when she confronted him about his wandering eyes while he spoke to her.

“(His) staring at my breasts made me feel uncomfortable, objectified and degraded,” Ms Kumari said.

“I felt like I was not being respected and this upset me.”

But when she reported the sexual harassment to management in August 2017, she was the one called into the boss’s office for being a troublemaker, not the co-worker.

Her manager told her: “You are Indian, I don’t like Indians, they always cause problems”.

He then directed her to meet with Della Rosa owner Emilio de Lorso, who she felt did not believe her and trivialised her complaint.

Ms Kumari was then forced to take annual leave, and on the morning of her return to work, was told she had been transferred from the bakery section to the pizza toppings workplace of the company.

In awarding her compensation on Monday, Victorian Civil and Administrative Tribunal member Louise Johnson found Ms Kumari had been subjected to sexual harassment, victimisation and unfavourable treatment due to race.

“I accept Ms Kumari’s evidence that she felt uncomfortable, objectified and degraded,” Ms Johnson said.

“It is well established that leering or staring can amount to unwelcome conduct of a sexual nature.”

She said there was no circumstance in which comments about an employee’s race were appropriate in a workplace.

“The initial contravention, by Ms Kumari’s fellow employee, could have been simply and effectively ameliorated, but was actually exacerbated by the conduct of Della Rosa’s management,” Ms Johnson said.

“I am satisfied that Della Rosa’s inappropriate and insensitive investigation significantly increased the impact on Ms Kumari.”

She awarded Ms Kumari $7000 for the sexual harassment, despite Della Rosa submitting any penalty should not exceed $500 as it was only a “minor” incident.

“I consider that an award of $500 in damages would trivialise the conduct complained of,” Ms Johnson said.

Della Rosa, whose products are sold in major supermarkets including Woolworths, Coles and IGA, was ordered to pay a further $7000 in damages for racial discrimination over the remarks about her being Indian, $8000 in relation to discrimination in the conduct of the investigation, and $4000 for victimisation in forcing her to take leave.

Ms Johnson said Ms Kumari’s manager, and Mr de Lorso, had no appreciation the conduct she complained of amounted to a contravention of the Equal Opportunity Act.

“Employers have an obligation to provide a safe workplace to all their employees,” she said.

“Freedom from sexual harassment, freedom from discrimination, and application of fair procedures for investigating workplace complaints, are all requirements for a safe workplace.

“Della Rosa gave no evidence in the hearing of even the most basic workplace training in these matters having been conducted for employees and managers.

“The evidence given by Mr de Lorso, the owner of the business, clearly showed that he had not informed himself of his obligations as an employer in this regard.

“These facts demonstrate, in my view, ‘high handed’ disregard for the employer’s statutory obligations under the EO Act.”

Ms Kumari refused to accept the role transfer and after not returning to work, she was sacked by Della Rosa in February 2018.