A Brisbane worker who endured rape and workplace sexual harassment has been awarded a record general damages payout by the Queensland Industrial Relations Commission. The victim’s boss had threatened to kill her and her husband, and later broke into her home to confront her over her sexual harassment complaint. The Commission denounced the boss for his “sickening” harassment and victimisation that left the victim “seriously injured, probably for life.” The boss was ordered to pay her $255,750 in compensation, including a record general damages award of $170,000 for sexual harassment.
In this article, we look at this workplace sexual harassment case Pariyar v Basnet as Trustee for the Rojal and Reshma Family Trust &Ors (No. 2) [2026] and why the Commission ordered such a substantial payout.
Case summary: Pariyar v Basnet as Trustee for the Rojal and Reshma Family Trust & Ors [2026]
- Jurisdiction: Queensland Industrial Relations Commission.
- Key employee argument: The restaurant owner subjected her to sustained workplace sexual harassment, including rape, sex discrimination and victimisation.
- Key employer argument: The owner denied all allegations, claimed the pair had been in a secret consensual romantic relationship.
- Commission ruling: The owner was found to have sexually harassed, discriminated against and victimised the employee. He was ordered to pay $255,750.
Boss propositioned employee weeks into her job
Sunita Pariyar began working at Brisbane restaurant Mountain Bliss in January 2022 as a second job to help pay her mortgage. The restaurant was owned and managed by Rojal Basnet. Mr Basnet’s workplace sexual harassment began within weeks of Mrs Pariyar starting. In February 2022, he told her he would make her the restaurant’s full-time manager and help bring her mother and brother to Australia if she left her husband. Mr Basnet said that he would leave his wife for her so they could run the restaurant together.
In late February 2022, Mr Basnet told Mrs Pariyar he did not want her husband working at the restaurant because he was “not a good-looking person” and was black. He also took issue with the fact that he came from a lower caste in Nepalese culture. He added that he only wanted Mrs Pariyar working at the restaurant and that she should leave her husband.
In March 2022, Mr Basnet told her she “looked very beautiful” and ran his fingers through her hair. When she moved into the kitchen to get away from him, he followed her. Mr Basnet said he was attracted to her and that her husband did not look nice and did not suit her.
Boss forcibly groped employee, threatened to ‘ruin her life’
In March 2022, the workplace sexual harassment became physical. On more than one occasion, Mr Basnet cornered Mrs Pariyar in the restaurant’s storeroom and kitchen with no one else around. He forcefully hugged her and grabbed her breasts and bottom. He told her she could not tell anyone or he would “ruin her life and her husband’s life.”
Later in that month, Mr Basnet offered to drive Mrs Pariyar home after her shift. When they arrived, he told her he wanted to talk, then forcibly hugged and kissed her. When she tried to push him away, he grabbed her breasts and slid his hand up her thigh towards her vagina. The car doors were locked and she could not get out, so she screamed until Mr Basnet unlocked them. As she ran away from the car, he called out in Nepalese that she could not tell anyone or he would “ruin her.”
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‘I will kill you’: Boss assaulted employee’s husband and threatened to kill them both
After these incidents, Mrs Pariyar blocked Mr Basnet’s number. In late March 2022, he turned up uninvited outside her home at around 3am, calling for her to come out. He returned at around 7:20am, appearing intoxicated and confronted Mrs Pariyar and her husband as they prepared to leave for work. Mr Basnet told Mr Pariyar that he “would kill him and take” Mrs Pariyar, before striking him in the face.
As the couple drove away, Mr Basnet followed them in his own car all the way to the police station, yelling out the window that he would kill Mr Pariyar. He later pleaded guilty in the Brisbane Magistrates Court to common assault over this incident.
‘I’m the boss’: Victim lured to the Gold Coast
On 2 April 2022, Mr Basnet phoned Mrs Pariyar using another employee’s phone. He promised to apologise and pay her outstanding wages if she met him, which she agreed to. The next day, Mr Basnet directed her to travel with him to the Gold Coast to collect uniforms, something she had done before with a coworker. During the drive, Mr Basnet told Mrs Pariyar she was beautiful, that he “wanted” her and that he could “ruin” her.
He took her phone from her when she tried to contact her husband. On arrival in the Gold Coast, he told her the uniforms were not ready and took her to dinner. Mr Basnet insisted she drink beer, telling her “I’m the boss,” despite her not wanting to drink. Mrs Pariyar consumed five or six beers and became intoxicated. Mr Basnet then booked a hotel room using her phone, telling her they needed to wait there for the uniforms.
Non-consensual intercourse in hotel room
After becoming sick and lying down, Mrs Pariyar felt Mr Basnet removing her clothing. She pushed him away and told him to stop, but he forced himself onto her and penetrated her without a condom. The intercourse was painful, and she repeatedly told him to stop and tried to push him off, but he continued until he ejaculated. When she began crying loudly afterwards, he returned to the room and put his hand over her mouth until she quietened.
He attempted to have intercourse with her a second time overnight, desisting only when she said she would scream. The next morning, he attempted again and put his hand over her mouth when she tried to scream. When she said she would go to the police, he threatened to harm her and her family. Mr Basnet then held her hands behind her back, saying he would kill her brother and husband.
On the drive back to Brisbane, Mr Basnet told Mrs Pariyar he would not pay her outstanding wages and that he had connections who could harm her family in Nepal if she told anyone. He kept her phone until he dropped her off in the Brisbane CBD.
Boss broke into victim’s home after she lodged workplace sexual harassment claim
Mrs Pariyar later filed a workplace sexual harassment complaint with the Queensland Human Rights Commission. On 16 February 2024, Mr Basnet broke into her home while she, her husband and children were sleeping. When Mrs Pariyar and her husband confronted him downstairs, he was found opening cupboards and the bathroom door.
He repeatedly yelled words to the effect of “why did I complain to police first and then human rights” and told her “I will damage your family.” Mr Basnet then pushed her in the chest and struck her in the face, causing her to stumble and fall. Mr Basnet later pleaded guilty in the Brisbane Magistrates Court to unlawful entry and common assault over this incident.
What were the employee’s key arguments in her workplace sexual harassment claim?
In her workplace sexual harassment claim, Mrs Pariyar argued to the Queensland Industrial Relations Commission:
- Mr Basnet’s remarks and physical conduct between February and April 2022 constituted unwelcome conduct of a sexual nature and implied requests for sexual favours, contravening the Anti-Discrimination Act 1991 (Qld).
- The conduct, including comments about her husband’s race and caste, also amounted to unlawful sex discrimination by denying her the quiet enjoyment of her employment and subjecting her to unfavourable treatment.
- Mr Basnet exploited a significant power imbalance as her employer, using threats of violence to discourage her from reporting his conduct.
- His 2024 home invasion, assault and threats were carried out because she had lodged her human rights complaint, amounting to unlawful victimisation.
- The cumulative trauma caused her to develop post-traumatic stress disorder, including suicidal ideation, insomnia, and an inability to work in hospitality or trust others, and has severely damaged her relationships with her husband and children.
Mr Basnet did not provide any sworn evidence to the Commission. Instead, he put his claims to Mrs Pariyar during cross-examination and tendered documents, meaning none of it was tested under oath. Mr Basnet claimed that the pair were “in a romantic relationship secretly” from around mid-February 2022. He also suggested to Mrs Pariyar’s psychologist that Mrs Pariyar’s PTSD symptoms (including her described fear response to his cologne) actually reflected her missing being intimate with him, rather than trauma from rape.
Why did the Commission find the workplace sexual harassment case proven?
The Queensland Industrial Relations Commission delivered its judgement on the workplace sexual harassment claim in August 2026. It found that Mr Basnet sexually harassed Mrs Pariyar in a “sickening way that has left her seriously injured, probably for life, and living in a nightmare that she may never fully come out of.” The Commission’s key findings included:
- Mrs Pariyar’s evidence was “clear” and “plausible.” It was accepted given Mr Basnet chose not to give evidence or call any witnesses.
- Mr Basnet’s claim about the “secret” consensual relationship was rejected. It made no sense that Mrs Pariyar would book an overnight stay at her own workplace, “creating a record in the process,” if the relationship were meant to be kept secret.
- Each of the seven incidents of unwelcome sexual conduct met the legal test for workplace sexual harassment. A reasonable person would have anticipated Mrs Pariyar would be offended, humiliated or intimidated.
- The same conduct also constituted unlawful sex discrimination. It was conduct that Mr Basnet would not have directed at a male employee in the same circumstances.
- Mr Basnet’s 2024 home invasion, assault and repeated demands to know why Mrs Pariyar had complained amounted to unlawful victimisation.
- It was accepted that Mrs Pariyar suffers chronic PTSD due to the workplace sexual harassment. Mr Basnet’s alternative theories, including a prior undisclosed marriage, family pressures or an earlier pregnancy, were rejected.
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Victim awarded record damages for workplace sexual harassment
The Queensland Industrial Relations Commission noted that she had suffered from years of suicidal ideation, insomnia from nightmares, and was now unable to work in hospitality. All of this placed a strain on the relationship with her husband and children. This weighed heavily on the Commission’s compensation order. Ultimately, it ordered Mr Basnet to pay Mrs Pariyar the following:
- $170,000 in general damages, reflecting the fact that her ongoing PTSD had a profound and likely permanent impact.
- $50,000 in general damages for the “terrifying” victimisation arising from the home invasion, assault and threats.
- $35,000 in aggravated damages, citing Mr Basnet’s repeated threats to ruin Mrs Pariyar’s life, his lies used to lure her to the Gold Coast, and his conduct throughout the proceedings. This included repeatedly seeking adjournments and failing to attend conciliation conferences.
- $750 for medical expenses relating to termination of a pregnancy resulting from the rape.
The Commission declined to order Mr Basnet to issue an apology. This was because there was a risk of him offering “a backhanded non-apology that expresses no remorse” given he had denied the conduct throughout the proceedings.
Workplace sexual harassment FAQs
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What’s an example of a workplace sexual harassment payout?
In Pariyar v Basnet as Trustee for the Rojal and Reshma Family Trust & Ors (No. 2) [2026], the Queensland Industrial Relations Commission awarded a record $170,000 in general damages for workplace sexual harassment and sex discrimination. The victim also received $50,000 for victimisation and $35,000 in aggravated damages, plus $750 in special damages. In total, the victim received $255,750 in compensation.
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What does victimisation mean?
Victimisation is when someone is punished or treated badly because they made, or intended to make, a complaint about discrimination or harassment. It can include threats, intimidation or retaliation carried out because someone exercised their legal right to complain.
In Pariyar v Basnet as Trustee for the Rojal and Reshma Family Trust & Ors (No. 2) [2026], the Commission found that the restaurant owner unlawfully victimised his former employee. The owner had broken into her home nearly two years after the sexual harassment, demanding to know why she had complained to the Human Rights Commission, before assaulting her. He was ordered to pay a further $50,000 in general damages for this conduct, separate to the compensation awarded for the sexual harassment itself.
We can help you get justice for workplace sexual harassment
No one should have to endure what Mrs Pariyar went through, and no employee should have to face retaliation simply for speaking up. If you have experienced sexual harassment at work, you deserve to be heard and properly compensated.
At A Whole New Approach, we’ve spent more than 20 years helping Australian workers bring sexual harassment claims. Your first consultation is free and completely confidential, and we act on a no-win, no-fee basis. Strict time limits apply to these claims, so don’t wait. Call us seven days a week on 1800 333 666.
