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The tribunal declared that the words used had a sexual connotation.
The company argued that what the manager had said did not amount to sexual harassment because there was no course of conduct as required in the Criminal Code’s definition of harassment.
Quid pro quo refers to situations where employment decisions such as hiring, firing, or promotions are contingent upon the employee providing sexual favors.The Employment and Industrial Relations Act lays down that: “It shall not be lawful for an employer or an employee to harass another employee or to harass the employer by subjecting such person to any unwelcome act, request or conduct, including spoken words, gestures or the production, display or circulation of written words, pictures or other material, which, in respect of that person, is based on sexual discrimination and which could reasonably be regarded as offensive, humiliating or intimidating to such person.” This is a very open definition of what sexual harassment is.Fully aware of the creativity of human nature, the rationale behind such an open definition is not to exclude other acts that also amount to sexual behaviour.the duty of the employer to take effective measures to prevent all forms of discrimination on grounds of sex, in particular harassment and sexual harassment in the workplace, in access to employment, vocational training and promotion”.Sexual harassment is degrading and demeaning and, more often than not, the victims feel ashamed to speak out about it and to report such behaviour.It is given a wider definition so that any kind of behaviour can fall within the ambit of the definition of harassment as long as it causes distress to the victim and is done over a period of time.