NSW Complimenting Female Staff Member at RSL Club

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sedge

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21 May 2015
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I told girl staff member at an RSL club that she was beautiful - also said I liked her hair. Is this against any Australian law?
 

Tim W

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Depends.
Were you an employee, or a patron of the club at the time?
 

Tim W

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OK.
Then assuming certain things...
  • that you were sober; and
  • that you were not behaving in an offensive manner; and
  • that you did not cause discomfort (let alone fear) in the staff member in question
    (such as by making an unwelcome social advance); and
  • that you were not otherwise in breach of any of the clubs "House Rules"
then you might be OK.

But consider this - a club worker has the same rights as anyone else to feel safe at work.
And the club, as an employer, has a WHS-based duty of care to that worker.
To meet that, it means removing hazards, including hazards to mental health and emotional well being.
And if, on that basis, another club worker asked you to "back off", or to leave the club,
or even barred you from the club, then that might be reasonable in the circumstances.
 
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sedge

Active Member
21 May 2015
12
0
31
OK.
Then assuming certain things...
  • that you were sober; and
  • that you were not behaving in an offensive manner; and
  • that you did not cause discomfort (let alone fear) in the staff member in question
    (such as by making an unwelcome social advance); and
  • that you were not otherwise in breach of any of the clubs "House Rules"
then you might be OK.

But consider this - a club worker has the same rights as anyone else to feel safe at work.
And the club, as an employer, has a WHS-based duty of care to that worker.
To meet that, it means removing hazards, including hazards to mental health and emotional well being.
And if, on that basis, another club worker asked you to "back off", or to leave the club,
or even barred you from the club, then that might be reasonable in the circumstances.
any of what i have said was in written i only passed a note - also was sober - now club says i was breaking code 44 and 44 ( i )
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
4,962
822
2,894
Sydney

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
4,962
822
2,894
Sydney
A club's rules/by-laws/ codes of conduct etc are not law.
But, they can be a term of the contract between you and the club.
This contract is called "membership".

By that I mean that one of the conditions of being a member can be (is) to abide by the club's rules.
A breach of those terms gives the club grounds to terminate the contract - or, in non-legal language, to kick you out.