Page 58 - Mini-Module 9

1) Unwelcome sexual behavior or conduct
Sexual harassment is “any unwelcome sexual behavior or
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conduct which is offensive, humiliating or intimidating” .

What is considered ‘unwelcome’ behavior?

The essence of sexual harassment is that such unwelcoming

behavior must be offensive or undesirable from the claimant’s
point of view 28. Such behavior needs not to be continuous – A
single occurrence of event is sufficient to constitute sexual
harassment.

The idea of ‘unwelcome’ behavior is better defined in the case
of Wong Kwok Mui V. Lee Yuen Tim. A student of a martial arts

class run by the accused sued for sexual harassment. The
complainant alleged that on numerous occasions during the
course, the accused touched the complainant’s waist, had his

hand over her shoulders, complained about his sex life to her,
suggested dates with the complainant, giving presents and
more. Although the complainant made it clear that those
numerous occasions were unwelcome, she did however receive

the presents nonetheless. As a result of the actions of the
accused, the complainant sought remedies for loss and damage
suffered, not the least injury to feelings, aggravated and/or

punitive damages in addition to an apology. She based her
claim on numerous grounds, those of which included abuse of
trust, acts committed in the public (ie MTR), the accused
persuading the other students in the martial arts class not to

participate in the Equal Opportunities Commission investigation,
the duration span of the alleged acts and more.

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