A vulnerable young worker has been awarded $125,000 after her boss, more than twice her age, subjected her to a shocking barrage of questions about her sexual fantasies and inappropriately touched her during a job trial.
Caitlyn Wood, who was living with severe anxiety and OCD, had just started a two-week stint at Perth heating and cooling business Hearns Hearth House in May 2023 when the alleged conduct began. Referred to a disability employment agency while on Centrelink support, Ms Wood secured what she hoped would be a pathway to steady permanent part-time work.
A court heard that Ms Wood initially found her boss, Kevin Kendall, friendly and supportive when she opened up about her anxiety and OCD. But she said things changed dramatically just days later when she was left alone with him during her fifth shift.
According to court documents, Mr Kendall began bombarding the then-20-year-old with personal questions, including whether she had a boyfriend and what kind of men she liked. Ms Wood said she felt embarrassed and uncomfortable and tried to shut the conversation down. But he pushed on, the court heard, asking about her sexual fantasies and continuing to steer the conversation back to sex.
The court heard that Mr Kendall leaned in, touched her hair and tucked it behind her ear before asking if she would let him kiss her if they were dating, an interaction Ms Wood described as 'horrible'. Alone inside the store, Ms Wood said she began to panic. Glancing at the sole entrance, the court was told she felt trapped, fearing no one outside could see what was happening and there was 'no way' she could escape.
Federal Circuit and Family Court Judge Tass Liveris said Mr Kendall went on to ask Ms Wood, 'If we dated, wouldn't we have sex? I think you would want it to be special, not in the back alleyway.' 'Ms Wood felt scared and sick. Her hands began to shake,' she wrote in her published decision. 'Mr Kendall stepped away from Ms Wood, but he returned after a moment. Mr Kendall came back to where Ms Wood was standing and told her that they 'would have more of a chance of having sex than (Ms Wood) running this business'.'
Ms Wood told the court she left the store and attended a psychology appointment, where she broke down in tears after saying she did not want to return to work. Unable at first to explain why, Ms Wood became visibly emotional before finally disclosing the inappropriate sexual conversations after her mother arrived. Later that afternoon, she received a message from Mr Kendall asking if she was 'ok' but she never replied and did not return to the job, the court was told.
The court heard that, a week later, his partner Anushka, who also worked at the store and who had recently given birth, called to check on her. Ms Wood said she was still in shock and told Anushka she would not be returning to work, recounting what had happened. She claims Anushka apologised and asked for her bank details so she could be paid, but the money never arrived.
Ms Wood said she lodged a complaint with the Australian Human Rights Commission in August 2023, alleging breaches of the Sex Discrimination Act, in a bid to prevent others from experiencing what she went through. However, conciliation failed and the matter was terminated in June 2024 when a delegate found no reasonable prospect of resolution after Mr Kendall and his company Heating and Cooling Australia failed to participate, prompting Ms Wood to file Federal Court proceedings.
In delivering his judgement, Judge Liveris said the sexual harassment exacerbated Ms Wood's pre-existing conditions, significantly worsening her mental health and state of mind. 'Mr Kendall was approximately twice Ms Wood's age. Mr Kendall was in a position of authority and trust,' he wrote. 'I find that he knew of Ms Wood's personal circumstances and the nature of her referral for an employment trial. I am satisfied that a reasonable person would have anticipated the possibility that Ms Wood would be offended, humiliated or intimidated.'
The court heard that, following her treatment by Mr Kendall, Ms Wood lost her confidence and desire to find a new role. 'Ms Wood did not look for any more work for four months...she was just too disturbed at the idea of working with a man and having this happen to her again,' said Judge Liveris. 'She often felt completely numb emotionally. Ms Wood said that she never used to be scared of men, as it was not something that she had ever experienced. After she was sexually harassed by Mr Kendall, she thought all the time about how men were not as safe as she had always taken for granted.'
Judge Liveris said there was a 'clear power imbalance', in which then-41-year-old Mr Kendall exploited a vulnerable, young, new trainee employee. Ms Wood was awarded $100,000 in general damages, $15,000 in aggravated damages for Mr Kendall and his company's lack of engagement with the case, and $10,238 for lost earnings.
