2 min read

Contractors and customers caught by the Fair Work Act 2009 (Cth) sexual harassment provisions

Case

Eklom v Marshall and Mitchell (2026)

Mr Eklom, who worked as a site manager for Storage King, made workplace complaints about sexual harassment perpetrated by:

  • a contractor, Mr Marshall; and
  • a customer of the business, Mr Mitchell.

Mr Eklom alleged that Mr Marshall:

  • made homophobic and sexualised comments to him, such as, “Oh, the gay boy is cleaning again”, “He probably likes it that way”, “You sure you are not just into blokes?”; and
  • engaged in unwanted physical contact, which included shoving and bumping him.
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