PwC ‘not liable’ for alleged rape of graduate employee

The firm says it is not liable for harm caused to a graduate who claims she was raped by a manager after getting drunk following a company gathering, saying it was ‘not connected’ to her employment.

A PwC graduate employee claims she was raped by a manager after getting drunk with colleagues following a company gathering.

PwC says it is not liable for harm caused to a graduate employee who says she was raped by a manager in her team after getting drunk with colleagues following a company gathering, saying the woman’s alcohol intake and the alleged sexual assault were “not connected” to her employment with the firm.

The young woman, whom The Australian has chosen not to name, has filed proceedings against the consulting giant, arguing that it should be held liable after she went to various pubs with her colleagues after a work function at PwC’s offices, and was later raped by the manager at her home.

The rape allegedly occurred a month after the manager forced her to put her hand on his erect penis and kissed her neck while on a dance floor at a Sydney pub after an end of financial year party.

PwC claims the woman never worked directly for the alleged perpetrator, and the firm was not liable for any harm caused to her as a result of the alleged rape because it did not occur in connection with her status as an employee.

The firm also claims it should not be found at fault because the alleged perpetrator had engaged in a mandatory “sexual harassment and victimisation in the workplace” training module in the year prior to the alleged rape.

Court documents obtained by The Australian show that three months after the woman started work, the manager allegedly approached her at work drinks at PJ O’Brien’s in the Sydney CBD and began touching her lower back and waist.

After he touched the side of her breast, she claims she said “No!” and moved away from him. Despite her protest, he continued to follow her around the dance floor and make “unwelcome physical contact” with her.

A week later, on July 28, PwC hosted an end of financial year party at Verandah Bar. After the event concluded at 9pm, most members of the team continued on to Maloney’s.

The woman claims that while they were at the pub, the manager “pressed and rubbed his erect penis” against her bottom while touching her waist. She claims he grabbed her hand and “forcibly put (it) on his erect penis (over his pants) whilst lightly kissing” her neck. He allegedly held it there for a short period before she managed to remove her hand.

One month later, the woman attended a monthly team gathering on level 15 of PwC’s offices, after which she went to Ryan’s Bar with some colleagues. The group continued on to Maybe Sammy near Circular Quay, before going to PJ O’Brien’s.

She consumed a large amount of alcohol throughout the evening, and vomited in the toilet at PJ O’Brien’s.

She claims the manager “pursued” her throughout the night, despite her level of intoxication and “incapacity to consent to any sexual activity”. He eventually accompanied her home and allegedly engaged in “non-consensual sexual intercourse” with her.

The woman claims she continued to attend work in the three weeks after the party, but experienced “stress and anxiety”.

She has not attended work since September 21.

PwC claims that the alleged rape did not occur in relation to the woman’s status as a worker, and therefore the firm cannot be held liable.

“(PwC) had no control over or capacity to supervise, manage or issue directions to the operators of Ryan’s Bar, Maybe Sammy or PJ O’Brien’s or their patrons, including (the woman),” a response from the firm reads.

“(Her) consumption of alcohol to the point she became intoxicated and vomited … was not connected with her status as a worker or any part of her duties as a graduate associate.”

PwC also claims it did not direct the woman “to travel to her home or how she should travel to her home, nor did it pay for her transport home”.

“(PwC) had no knowledge of, control or capacity to supervise, manage or issue directions to the persons who transported or accompanied (her) to her home and then whether they entered or remained in her home,” the response reads.

“(PwC) did not require or authorise (her) to perform any duties connected to her employment at her home that evening, late on a Friday night … the conduct alleged to have occurred in (her) home was not and could not be in any way connected to (her) status as a worker.”

The firm said the alleged perpetrator engaged with “Essential IQ: Workplace Behaviour” training, which covered “acceptable workplace behaviours, including preventing sexual harassment and victimisation in the workplace”.

“(PwC) has a robust suite of policies, bespoke compulsory training and initiatives directed at addressing sexual harassment risks at work,” the firm’s response reads.

A spokesperson for PwC said the firm was “committed to providing a safe workplace and takes allegations around employee safety seriously”.

It is believed NSW police investigated the rape allegations but did not charge the employee.

“We have policies and procedures in place to ensure complaints are investigated promptly and carefully, while providing support and care to our people,” the spokesperson said.