Loquias v The Star Entertainment Group and Dwyer [2026] QIRC 023
KEY TAKEAWAYS
A recent decision of the Queensland Industrial Relations Commission (QIRC) highlights some important considerations for workplace investigators and employers:
- criminal convictions relevant to conduct that is the subject of a workplace investigation can be given substantial weight even if an employee subsequently denies the conduct or offers an explanation for a guilty plea
- an employer can legitimately investigate and discipline employees for conduct outside the workplace as part of risk management, yet this does not establish an employer’s vicarious liability.
The case
A 21-year-old games dealer alleged her 53-year-old male manager sexually harassed her at work and sexually harassed and assaulted her outside work at a non-work-related social function (to which the manager pled guilty to grabbing her buttocks in criminal proceedings) and that their employer was vicariously liable for the manager’s conduct.
QIRC findings
The Commission found the majority of the manager’s conduct at work and outside work contravened s 119 of the Anti-Discrimination Act 1991 (Qld), specifically that the manager’s conduct amounted to unsolicited acts of physical intimacy (s 119(a)) and remarks with sexual connotations (s 119(c)).
In assessing whether a ‘reasonable person would have anticipated the games dealer would be offended, humiliated or intimidated’, the Commission had regard to:
- the significant age disparity (21-year-old female versus 53-year-old male)
- the power imbalance between a junior casual employee and the experienced senior manager who admitted he was familiar with the content of the employer’s Code of Conduct and ‘Do the Right thing’ training
- the employee’s clear objections to the conduct.
In finding the employer was vicariously liable for the at-work conduct, the Commission viewed the employer’s biennial online training as inadequate, particularly for the manager who had received a final warning for previously sexually harassing another employee.
In respect of the outside-work conduct, the Commission relied on s 79(2) of the Evidence Act 1977 (Qld) to find the manager’s criminal conviction of the assault on the games dealer was admissible in civil proceedings as evidence the manager committed the offence, despite the manager arguing that his plea was for pragmatic reasons and not an admission of guilt.
The Commission rejected the games dealer’s submission that the employer was also vicariously liable for the manager’s conduct outside the workplace, finding the conduct was not ‘in the course of work’.
While the Commission expressly highlighted that an investigation and disciplinary action does not establish a work-related connection for the purposes of vicarious liability, it may be entirely reasonable for an employer as part of their risk management obligations to investigate and discipline employees for conduct outside the workplace.
The Commission awarded damages (referenced as total composite awards across all heads of damage) to the games dealer comprising:
- $49,427.60 for the at-work conduct payable jointly and severally by the manager and employer
- $77,435.62 for the outside work conduct (payable by the manager alone).
Key learnings for investigators and employers
This case confirms:
- Investigators can properly rely on criminal convictions as evidence of conduct and these should be taken into account, notwithstanding subsequent denials or explanations by an investigation participant.
- It may be entirely reasonable for an employer as part of their risk management obligations to investigate and discipline employees for conduct outside the workplace. However, these actions do not establish a work-related connection for vicarious liability.
- It is critical for employers to ensure employee engagement in sexual harassment training and tailor prevention efforts for employees with a track record of misconduct.
More information
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