Highlights
Lagi was 22 when she graduated from university with her Bachelor of Commerce. After completing her studies in New Zealand, she returned home to Pacifica and was hired as a Finance Officer at Pacificana Airways.
Her boss was Tui, who was the Chief Operating Officer of Pacificana Airways. Tui would often stop by Salamasina’s desk and ask her questions about her personal life. Although Tui’s actions would make Lagi uncomfortable, she did not say anything.
One day, Lagi approached Tui in his office to get some documents signed by him. When Tui saw Lagi approaching, he got up from his chair and walked around the desk so that he was standing next to Lagi. After signing the papers, Tui looked at Lagi and said, “You’re so damn gorgeous girl. I just want to kiss you,” and abruptly moved his face towards hers. Lagi, thinking that Tui was about to kiss her, stepped backwards and fell over his rubbish bin, injuring her ankle. Tui laughed and told Lagi, “Silly girl. If you had kissed me, you wouldn’t have hurt yourself!” He helped her stand up and slapped her bottom as she walked out of his office. When Lagi reported this incident to the Human Resources Manager, Moana, the response she received was, “Lagi, just deal with it. You need this job, so just do your job and keep him happy. You know he is one of the bosses.”
Question :
1. Is Pacificana Airways liable for Tui’s actions?
2. What tort actions are available to Lagi?
3. If this scenario occurred in your community, how would this dispute benresolved in custom?
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