Gorden, Cynthia v Davis, Clayton [1997] FCA 290

Gorden, Cynthia v Davis, Clayton [1997] FCA 290

The respondent engaged in unlawful sexual harassment because his unwelcome sexual conduct, including sexual intercourse without consent and constant harassment, occurred in circumstances involving express and implied threats that refusal or objection would affect the applicant's employment, and the applicant...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
27 February 1997
Procedural Posture
Application Under S.83 D of the Sex Discrimination Act 1984 (cth) in Relation to a Determination of the Human Rights and Equal Opportunity Commission / Federal Court Hearing De Novo
Outcome
Application allowed; declaration of unlawful sexual harassment made and damages and costs ordered for the applicant.
Legal Topics
['sexual Harassment' 'human Rights and Equal Opportunity Commission Determination' 'damages for Humiliation and Injury to Feelings' 'unwelcome Sexual Conduct in Employment']
['sex Discrimination' 'employment Law'] ['sexual Harassment' 'human Rights and Equal Opportunity Commission Determination' 'damages for Humiliation and Injury to Feelings' 'unwelcome Sexual Conduct in Employment']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Application Under S.83 D of the Sex Discrimination Act 1984 (cth) in Relation to a Determination of the Human Rights and Equal Opportunity Commission / Federal Court Hearing De Novo

Legal Issues

  1. 1 ['Whether the findings of fact made in the Human Rights and Equal Opportunity Commission determination were justified on the probabilities of the case' "Whether the respondent's conduct constituted unlawful sexual harassment under the Sex Discrimination Act 1984 (Cth)" 'What sum of damages was appropriate']

Ratio Decidendi

The respondent engaged in unlawful sexual harassment because his unwelcome sexual conduct, including sexual intercourse without consent and constant harassment, occurred in circumstances involving express and implied threats that refusal or objection would affect the applicant's employment, and the applicant ultimately ceased employment because she could not tolerate the conduct. Damages of $12,000 were appropriate given the seriousness of the conduct.

Court Disposition

Application allowed; declaration of unlawful sexual harassment made and damages and costs ordered for the applicant.

Orders

  • ['The respondent engaged in unlawful sexual harassment of the applicant.' 'The respondent pay to the applicant the sum of $12,000 in damages.' "The respondent pay the applicant's costs."]