Former Labor leader David O'Byrne has been cleared of a sexual harassment complaint made by a former junior union employee in 2007.
Subscribe now for unlimited access.
$0/
(min cost $0)
or signup to continue reading
But the woman who raised the complaint has labelled the investigation by former Fair Work commissioner Barbara Deegan as disrespectful and procedurally unfair.
Rachel Midson this year complained to the party that Mr O'Byrne had sent her unwanted sexually suggestive messages and kissed her twice without consent when he was head of the Liquor, Hospitality and Miscellaneous Union.
READ MORE: Download our news app today
A report on the outcome of the investigation was provided to Mr O'Byrne and Mrs Midson this week.
Mr O'Byrne said the report found he did not engage in any sexual harassment or victimisation of Mrs Midson.
"The findings confirm that the public statements by several state politicians about my conduct were disproportionate, unfair and opportunistic," he said.
"The statements assumed I was guilty of misconduct before any allegations were tested and investigated."
Mrs Midson on Tuesday said she did not believe the investigation was fair nor did it treat her with respect.
She said there was a huge power imbalance in position, age and life experience when she was at the union.
"Let me be clear - I categorically deny that I consented to being sent vulgar and sexually explicit text messages by David O'Byrne when he was my boss and I was his junior employee at the union," she said.
"I did not ask or want to be kissed by him and I pulled away on the occasions that he did kiss me.
"I feel physically sick that this report has found that there was a consensual atmosphere about the interactions between myself and David at the time that the conduct occurred.
READ MORE: Border to close to Greater Darwin
Mrs Midson said the findings did not surprise her.
She said five witnesses were either not interviewed or not interviewed properly and that she was interviewed without prior warning and a support person.
"And I only got to see a small fraction of Mr O'Byrne's response, but he was provided with the entirety of my complaint," Mrs Midson said.
"The ultimate insult was that my general friendly and happy nature in the workplace was considered to be consent, and an open invitation for sexual advances from my boss.
"This outcome sets a precedent that should send a chill down the spine of every girl and woman in the workplace."
Labor leader Rebecca White said the investigation had been a difficult time for the people involved and the party more broadly.
"I also acknowledge the investigator has concluded that no further action is required," she said.
Premier Peter Gutwein said Ms White needed to say whether she believed the report and the investigation had been robust enough and needed to respond to Ms Midson's concerns.
"A secret report is one that will just leave further questions," he said.
"I think the findings and recommendations should be released."
Labor Party state secretary Stuart Benson earlier in the day said there were strict confidentiality clauses around the party's complaint handling process.
"These clauses exist to protect people who come forward and for the interests of due process, procedural fairness and natural justice for all parties, Mr Benson said.
Greens leader Cassy O'Connor said Mr O'Byrne had previously admitted a realisation his behaviour had not been consensual.
"The reported outcome of this Labor Party internal investigation needs to be seen in that context," Ms O'Connor said.
"We often hear from Labor politicians how important it is to believe women when they come forward with allegations of sexual harassment or assault.
"If Labor wants to be taken seriously on this, they have to produce more than a media release which reads like a whitewash."