By JOHN VAN KLAVEREN
A MARRIED man propositioned a female employee for sex, touching her breasts and crotch during three months of sexual harassment at Geelong West’s post office, a state tribunal has ruled.
Victorian Civil and Administrative Tribunal (VCAT) found that Geelong West Licenced Post Office owner and manager David Donald Smith harassed Amanda Jayne Collins from January to April 2013.
Ms Collins, also married, detailed 47 encounters for VCAT hearings.
Mr Smith denied any sexual harassment, claiming the incidents either never happened or that Ms Collins welcomed them.
Ms Collins said in January 2013 Mr Smith told her he wanted a relationship with her and tried to kiss her in the back room of the post office.
She told Mr Smith she was shocked, happily married and considered him like a father figure, VCAT heard.
Later Mr Smith told Ms Collins: “I’m not going to beat around the bush, I want to have sex with you”.
She replied that it would not happen and reminded him she was happily married.
Another time Mr Smith sent Ms Collins a text message saying he would like to bring her to orgasm, which he would prefer through intercourse so he could be pleasured too.
Ms Collins told VCAT she felt disgusted and asked him to stop sending sexual messages.
She detailed an alleged sexual assault in a staff room when Mr Smith allegedly approached her with a “scary look in his eyes” and started rubbing her shoulders and down her arms.
Ms Collins said she backed away but he followed, moving his hands toward her crotch area and thighs, saying: “Come on, you know you want to, come on, come on”.
Ms Collins told the hearing the incident left her “very distressed”.
At other times Mr Smith put his fingers inside her bra and told her: “I want to take you out the back against the safe”.
Ms Collins told the hearing Mr Smith offered her the contents of his wallet if she would let him massage her thighs for 15 minutes.
VCAT heard she later told Mr Smith: “I cannot believe you said that. You made me feel like a prostitute”.
Mr Smith allegedly likened Ms Collins to a Lamborghini in a garage, saying: “If I can’t drive it then I don’t want it here anymore”.
VCAT Judge Pamela Jenkins said in a summary of evidence that Ms Collins and her husband had since relocated from Geelong.
“She has been unable to return to work since her employment with (Mr Smith) ceased and she is still receiving counselling.”
Ms Collins is seeking compensation for breaches of the Equal Opportunity Act, plus legal costs.
VCAT will conduct a further hearing to determine compensation and costs.
A spokesperson said Australia Post was as yet unable to say whether Mr Collins would retain the franchise.
“We take this matter extremely seriously. While we have no legal basis under the Franchising Code of Conduct to immediately terminate the contract, we are in discussions with the licensee to determine a solution that addresses the seriousness of the VCAT findings,” the spokesperson said.
