CA ANZ sued by female employee over sexual harassment at work party
An employee has claimed she suffered psychiatric harm and career repercussions after complaining about an “unwelcome” kiss from a senior executive.
CA ANZ is being sued for sex discrimination by a female employee who alleges the top accounting body threatened to fire her after she complained about a senior executive kissing her without consent.
In a lawsuit filed with the Federal Court, Jacinta Bailey, a “people experience specialist”, accused CA ANZ of failing to prevent an “unwelcome” kiss by superannuation and financial services lead Tony Negline during drinks after a Christmas function in 2023.
Bailey also said CA ANZ, her employer since 2009, “belittled, berated and intimidated” her by launching a misconduct investigation, during which she was “interrogated” and threatened with the sack twice over her role in organising the post-function drinks.
The plaintiff said she had been unfit to attend work since March 2024 and suffered from psychiatric harm, “hurt, humiliation and distress”, and lost income and medical expenses.
Her lawsuit is seeking compensation for economic loss and general damages, aggravated damages and a public apology from CA ANZ, the professional body responsible for representing, educating and regulating over 139,000 accountants.
In a statement to Accountants Daily, CA ANZ said it took its responsibilities as an employer “extremely seriously” and had “strong policies in place to support a safe workplace”.
It said it offered wellbeing support to the parties involved but could not comment further.
The lawsuit, first reported by The Australian Financial Review, was brought under the Sexual Discrimination Act and filed in the Federal Court in September 2024.
The complaint stems from an afternoon Christmas party in December 2023 at Ivy Sunroom on George Street, Sydney.
Bailey said that after the function ended, she joined colleagues at the pool club above the venue, and Negline kissed her on the lips without her consent.
The kiss was “unwelcome conduct” and caused her to feel “embarrassed, humiliated and uncomfortable”, she said.
In the weeks following the incident, Bailey said she experienced panic attacks upon encountering Negline at work. On 20 December, she made a sexual harassment complaint with her superior Shona Tarrant, group executive of people and culture.
An external investigation concluded with Negline admitting to the harassment, expressing remorse and receiving a formal warning.
But CA ANZ then launched a separate disciplinary investigation into Bailey’s alleged role in organising the post-function drinks at Ivy Pool Club.
Bailey said she was accused of breaching workplace policies, previous drug use without evidence, subjected to exclusionary practices, including being placed on special leave, and threatened with termination on two separate occasions.
According to the lawsuit, Bailey said the accounting body was liable for Negline’s actions as a reasonable person “would have anticipated the possibility that Ms Bailey would be offended, humiliated or intimidated by the kiss”, citing the “power imbalance” between her and Negline, their age difference, and the fact he knew she was married.
When she made her complaint, CA ANZ also “victimised” her and subjected her to detriment, she said.
In its defence, CA ANZ said Bailey organised the "unsanctioned" post-function drinks and took steps to procure the attendance of other colleagues contrary to company policy.
It added that it “took all reasonable steps to prevent its employees from doing acts of the kind referred to” in the lawsuit and the Sexual Discrimination Act did not apply.
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