A Brisbane restaurant owner has been ordered to pay A$150,000 in damages after the Queensland Industrial Relations Commission found he sexually assaulted a waitress and engaged in "predatory" conduct while she was at work.
King of Grill owner Moosa Ebrahim-Goder was found to have locked the restaurant's doors and assaulted the woman, identified only as JF to protect her identity, during a split shift in a case the commission described as a grave abuse of power.
The commission heard that the woman, a single mother who had worked at the business since 2018, was rostered to work a morning service and a dinner service with a two-hour break between. She told the tribunal she planned to visit a friend during the break but stayed after her employer repeatedly asked her to join him for a drink, saying he needed someone to talk to. He produced a bottle of Jack Daniels and began drinking and discussing his relationship with his wife, the woman gave evidence.
Near the end of the break, the owner asked the employee, "Will you have sex with me?" according to the commission record. She said she replied "absolutely not" and cited his marriage. The tribunal found that during the dinner service Ebrahim-Goder placed his hands on her buttocks and groin through her clothes, then after patrons left he locked the front and back doors, called her over, forcefully kissed her and tried to pull down her blouse. The woman said she feared for her safety, tried to remain calm and left the restaurant shortly before 9:30 p.m.
Deputy President Catherine Hartigan said Ebrahim-Goder's conduct was "predatory and engaged in for his own wanton gratification." She said the assault represented an "abuse of the power dichotomy and trust inherent in the employment relationship" and that the employee was entitled to attend her workplace free from sexual harassment.
The commission awarded aggravated damages in recognition of the locking of the doors, which prevented the woman from leaving. Ebrahim-Goder pleaded guilty and was convicted of one count of sexual assault in separate criminal proceedings. The restaurant has since been deregistered.
The woman told the commission the attack had lasting effects on her mental health and daily life. She said she now experiences panic attacks, nightmares, anxiety and depression, has difficulty interacting with men and has become socially isolated. Simple activities such as grocery shopping or visiting the gym provoke acute distress, and she said her two children now accompany her for errands because she fears being alone in public.
The commission record included evidence that the woman had previously felt uncomfortable working alone with her boss after he made comments suggesting she was "pretty dumb or naive" and implying she would not recognise if someone was interested in her. The tribunal found those earlier remarks and the circumstances of the split shift contributed to the power imbalance exploited by Ebrahim-Goder.
The ruling underscores the legal obligations of employers to provide a safe workplace and the potential civil and criminal consequences when those obligations are breached. The Queensland Industrial Relations Commission's award of A$150,000 seeks to compensate the woman for the physical and psychological harm she suffered and to reflect the aggravated nature of the misconduct, including the locking of the premises that prevented her from leaving.