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HR's failure to investigate complaint was evidence of unlawful adverse action

An employee was demoted and then constructively dismissed after complaining about her manager's repeated enquiries into her romantic relationships, a court has ruled in adverse action proceedings.

The RPS AAP Consulting strategy and transformation national lead told the Federal Circuit Court that when she first met her future manager in 2019, he asked her if she was married. When she said no, he responded that she shouldn't worry because she was "young enough" and a "good looking girl".

The Court heard that in August that year, she entered into an "informal, casual romantic friendship" with another superior who was based in a different state, but didn't want colleagues to know as it wasn't serious. The superior, however, told her new manager about the relationship, which prompted the manager to make further unwelcome enquiries into her personal life.

After a performance review meeting in January 2020, when the manager again asked about her personal life, the employee emailed him expressing concerns about his repeated questions...

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