The former head of TAFE NSW, who left the role last week, was the subject of an extensive investigation after facing allegations of inappropriate comments from a former TAFE employee.
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In the complaint, which was made at the end of last year, the former staff member alleged that the agency's outgoing managing director Jon Black repeatedly referred to her unborn child as "baby Jonathan" during her pregnancy, asking other staff if that makes it "sound like [the baby] is [Mr Black's]", called her "his wife" in front of another staff member and repeatedly referred to another employee's sexuality.
Mr Black was appointed managing director in December 2015 and was paid up to $452,250 a year.
He stepped down from the position on Friday amid ongoing complaints of turmoil at the agency, including major technological failures, plummeting enrolments and shortages of basic supplies.
Fairfax Media is not suggesting Mr Black's departure was related to the complaints or investigation.
The woman, who did not want to be named, said Mr Black made the comments about her on "approximately 35 separate occasions during the months from February 2016 to September 2016", in her complaint to Adam Marshall, the minister responsible for TAFE NSW.
"I tried to mention early on that I didn't like these comments but he dismissed this and continued with his behaviour," she wrote.
"I felt very disgusted when these comments were made ... I have never previously encountered this type of behaviour in a workplace and at first was quite shocked that he was in fact saying these things to me and in front of other people."
Another former TAFE employee said she witnessed the alleged comments being made on a number of occasions.
"He referred to the baby bump as 'baby Jon' and would introduce her as 'this is [the woman's name] with little Jon'," the former employee told the Herald.
These allegations were found "more likely than not" to be true by an independent investigation requested by the NSW government and undertaken by the consultancy firm Procure Group, which conducted interviews with 15 current and former TAFE staff including Mr Black and the employee who made the complaints, and delivered a 120-page report.
"It was considered more likely than not that he did otherwise make statements that were intended to be light-hearted or comical but which may have been understood to be inappropriate," Mr Marshall told the woman who made the complaints in a letter earlier this year.
Mr Marshall also said that the investigator reported that "it appeared that Mr Black had not appreciated the full impact of some of his humour on those present and there was a sense of disbelief by some witnesses that Mr Black in the position of managing director was behaving in such a manner".
"The evidence gathered during this investigation showed there was unintended consequences to the 'light-hearted' or jovial approach by Mr Black and whilst no evidence was found to indicate his actions were intended to offend or upset, a manager with his level of seniority and experience should have been aware that there was risk that his comments may have had this effect," according to the investigator.
The former staff member who made the complaints also alleged a number of instances of financial misconduct, which the investigation did not uphold.
Mr Marshall said he was "satisfied no corruption, maladministration, misconduct, or unethical conduct occurred and that no further action is warranted on those matters".
He also told the woman who made the complaints that he had counselled Mr Black on his obligations to "remain professional and above reproach".
"Mr Black confirms he sincerely regrets the distress you have suffered and intends to offer a written apology," Mr Marshall told the woman, who also received a handwritten note from Mr Black, seen by the Herald.
"I also recognise, on reflection, how my intended humour and joviality could be received by you other than intended," Mr Black wrote in the note.
The agency did not provide reasons for Mr Black's departure or the financial details of the termination of his contract.
"The details of Mr Black's departure from TAFE NSW is a confidential matter between Mr Black and the state," the agency's head of corporate affairs Andrew Blow said.
Mr Black has been replaced by Caralee McLiesh, who will be acting in the managing director role.
Mr Black did not respond to requests for comment.
Sydney Morning Herald
