Richards -V- Corptel Pty Limited [1997] NSWEOT

Richards -V- Corptel Pty Limited [1997] NSWEOT

The uncontradicted evidence established that Mr Tyte, a senior employee, told the 17-year-old complainant that unless she agreed to a three month sexual affair with him her employment would be in jeopardy. The respondent accepted responsibility for his conduct and did not rely on a Section 53 defence. The Tribunal found this conduct amounted to sexual harassment and sexual discrimination. After the complainant made her allegation, she was put on leave and her resignation was accepted, which was positive conduct by the respondent causing detriment and therefore victimisation under Section 50(1).

Jurisdiction
Australia
Judgment Date
09 October 1997
Procedural Posture
Equal Opportunity Complaint on Grounds of Sex (sexual Harassment) and Victimisation / Hearing and Judgment
Outcome
Complaint substantiated; judgment for the complainant.
Legal Topics
['sexual Harassment' 'sex Discrimination' 'victimisation' 'vicarious Responsibility' 'damages' 'costs']
['anti Discrimination Law' 'employment Law'] ['sexual Harassment' 'sex Discrimination' 'victimisation' 'vicarious Responsibility' 'damages' 'costs']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Equal Opportunity Complaint on Grounds of Sex (sexual Harassment) and Victimisation / Hearing and Judgment

Legal Issues

  1. 1 ['Whether the complainant was treated less favourably and subjected to detriment during her employment.' 'Whether the conduct of Mr Tyte amounted to sexual harassment and sexual discrimination under the Anti-Discrimination Act.' "Whether the respondent's conduct after the complainant made her allegation amounted to victimisation under Section 50(1) of the Act." 'What damages and costs should be awarded.']

Ratio Decidendi

The uncontradicted evidence established that Mr Tyte, a senior employee, told the 17-year-old complainant that unless she agreed to a three month sexual affair with him her employment would be in jeopardy. The respondent accepted responsibility for his conduct and did not rely on a Section 53 defence. The Tribunal found this conduct amounted to sexual harassment and sexual discrimination. After the complainant made her allegation, she was put on leave and her resignation was accepted, which was positive conduct by the respondent causing detriment and therefore victimisation under Section 50(1).

Court Disposition

Complaint substantiated; judgment for the complainant.

Orders

  • ['The respondent is to pay the complainant within 28 days $2,538.42 for lost wages.' 'The respondent is to pay the complainant $5,000 by way of general damages.' 'Costs are awarded against the respondent.' "Counsel's fees are set at $2,200." "Solicitor's costs are to be as agreed or, if there is no agreement, as...