Wheeler -V- Shellharbour Golf Club Limited, Gough & Jeffrey (No.1) [1996] NSWEOT

Wheeler -V- Shellharbour Golf Club Limited, Gough & Jeffrey (No.1) [1996] NSWEOT

The alleged conduct, taking the complainant's case at its highest, is capable of founding a claim of sex discrimination under ss.32(1)(b) and 33(1)(b) of the Act, and the amendments should be allowed.

Parties
Complainant: Ms Lynne Isabel Wheeler; First Respondent: Shellharbour Golf Club Limited; Second Respondent: Mr James Gough; Third Respondent: Ms Delmar Veronica Jeffrey
Jurisdiction
Australia
Judgment Date
02 September 1996
Procedural Posture
Sex Discrimination Complaint / Interlocutory Application for Leave to Amend Points of Claim
Outcome
Leave to amend Points of Claim granted
Legal Topics
Sexual Harassment, Victimisation, Provision of Services, Sex Discrimination, Vicarious Liability
Discrimination Law Sexual Harassment Victimisation Provision of Services Sex Discrimination Vicarious Liability

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Parties

Ms Lynne Isabel Wheeler

Complainant

Shellharbour Golf Club Limited

First Respondent

Mr James Gough

Second Respondent

Ms Delmar Veronica Jeffrey

Third Respondent

Procedural Posture

Sex Discrimination Complaint / Interlocutory Application for Leave to Amend Points of Claim

Legal Issues

  1. 1 Whether the alleged conduct is capable of contravening s.33(1)(b) and/or s.32(1)(b) of the Anti-Discrimination Act (NSW)
  2. 2 Whether sexual harassment may amount to discrimination in provision of services under the Act
  3. 3 Whether the First Respondent can be held vicariously liable for the Second Respondent's conduct

Ratio Decidendi

The alleged conduct, taking the complainant's case at its highest, is capable of founding a claim of sex discrimination under ss.32(1)(b) and 33(1)(b) of the Act, and the amendments should be allowed.

Court Disposition

Leave to amend Points of Claim granted

Orders

  • The Points of Claim are to be amended in accordance with the proposed amendments.