Star Casino Manager’s Disgusting Behaviour Just Cost Them – And It’s a WHS Lesson in Vicarious Liability

When a senior casino manager tells a 21‑year‑old dealer he likes her “tits”, grabs her bum in Fortitude Valley, and then the Commission says the employer’s training was “quicker and cheaper” but not reasonable… you know this is more than just a bad apple.

This is a full‑blown WHS and vicarious liability case study.

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What happened at Star Casino?

In Loquias v The Star Entertainment Group and John Dwyer QIRC 023, the Queensland Industrial Relations Commission found:

• The complainant, a 21‑year‑old games dealer, was sexually harassed at work by her much older gaming area manager, John Dwyer.​
• Dwyer also sexually assaulted her later at a colleague’s 21st and while walking through Fortitude Valley.​
• The Star Entertainment Group was held vicariously liable for the workplace harassment because it failed to take reasonable steps to prevent it.​

This is not “he said, she said”. The Commission found the complainant a credible witness and Dwyer’s evidence less plausible, especially given he had already pleaded guilty in the Magistrates Court to an assault charge over the Valley incident.​

What the manager actually said and did

Let’s be clear about how bad this was. Dwyer’s conduct included:​

• Telling her after training that he “didn’t mind” her wearing a singlet because he could see her “tits”.
• Pinching her arm on shift and touching her forehead, telling her not to frown or she would “look ugly”.
• When she told him two supervisors had sexually harassed her, he replied:
  “You’re lucky I wasn’t there. I would have done a lot worse to you.”
• At a co‑worker’s 21st, telling her and a friend their “arses” and “tits” looked good and that if he was younger he “would do some things” to them.
• In the Valley, grabbing her buttocks twice and saying:
  “We’re not at work now, I can do whatever I want” and then
  “I can do what I want” when she objected.
• At the nightclub, throwing ice at her, trying to push her over, and telling her he was “trying to look up” her dress.

This is the guy The Star had previously issued a final warning to for sexually harassing another dealer back in 2016. And they still thought standard e‑learning every two years was enough.​

The “quicker and cheaper” training that blew up in Star’s face

The Star tried to defend itself by saying: we have policies, a code of conduct, and online sexual harassment training. What more could we do?

Commissioner Power was not impressed.​

Key findings on training:

• The content of the sexual harassment training was adequate.
• The delivery was not. Managers were expected to complete online modules while running the pit, “under the pump”, often skipping through slides just to get them done.​
• The training had previously been delivered in dedicated sessions where staff stopped duties and attended an office session with safety/security staff – but this was changed to online because it was “quicker and cheaper”.​

Her killer line:

“Genuine training cannot reasonably occur when employees are completing the training online whilst simultaneously attending to their duties.”​

In other words: tick‑and‑flick e‑learning, done between spins of the roulette wheel, is not “reasonable steps” under the Anti‑Discrimination Act or under any decent WHS standard.

Vicarious liability: when WHS failures hit the employer’s wallet

Under section 133 of the Anti‑Discrimination Act 1991 (Qld), an employer is vicariously liable for sexual harassment by a worker if it happens “in the course of work”, unless the employer proves it took reasonable steps to prevent it.​

The Commission found:

• The workplace harassment (on shift, on the smoking balcony, on the gaming floor) was squarely “in the course of work”.​
• The Star had not taken reasonable steps, especially given:
  • It knew Dwyer had sexually harassed another dealer in 2016.
  • He was on a final warning.
  • It still let him do training like everyone else, every two years, online, while working.​

Commissioner Power said The Star should have:

• Required annual training for him, not biennial.
• Delivered it in a way where he could actually concentrate on the content.
• Reinforced that his continued employment was “precarious” and that any repeat behaviour would have serious consequences.​

Her view was that this extra, targeted training and reminders, in light of his history, could have had a “sobering effect” on someone with a 23‑year career at the casino.​

What did it cost them?

The money is not huge by corporate standards, but it sends a message:​

• The Star + Dwyer together must pay the complainant about $49,428 for workplace sexual harassment (general damages, special damages and future economic loss).
• Dwyer personally must pay a further $77,436 for the Valley assault and related conduct (including aggravated damages).

Add the reputational damage on top: yet another headline about Star Casino’s culture, conduct and compliance. For a business already under regulatory scrutiny, this just reinforces the brand: high‑risk, high‑controversy.

WHS and bullying: why this matters beyond the casino floor

From a WHS lens, this is not just an “HR case”:

• Sexual harassment is a psychosocial hazard. It triggers obligations under WHS legislation, including SafeWork’s bullying and harassment guidance.
• Vicarious liability under discrimination law sits alongside your WHS duty to provide a safe workplace. You cannot hide behind “we have a policy”.
• Choosing “quicker and cheaper” training over effective controls is exactly the kind of decision that regulators and coroners are now calling out across Australia.

For WHS leaders, this case is a warning:

• If you know about a repeat offender and you let them slide back into the workplace with the same generic training as everyone else, you are not just taking a moral risk – you are taking a legal and financial one.
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If this feels familiar in your workplace…

If you are dealing with sexual harassment, bullying or toxic managers, there are supports available:

• SafeWork NSW / state WHS regulators have guidance and complaint pathways for workplace bullying, sexual harassment and psychosocial hazards.
• Most states and territories fund Employee Assistance Program (EAP) services that can provide confidential counselling and support to workers affected by workplace bullying and harassment.

And if you are a PCBU, director, or WHS manager reading this, ask yourself:

• Are we running real anti‑bullying and sexual harassment training, or just blasting out e‑learning links while people are “under the pump”?
• Do we escalate controls when we know someone has a history of harassment?
• Would our training and response stand up in front of a commissioner who has just read our internal emails and seen our LMS completion logs?

Because if your answer is “probably not”, this Star Casino decision is your wake‑up call – and your chance to fix it before your name ends up in the next headline.