Forkin v Young [2020] NSWCATAD 29

Forkin v Young [2020] NSWCATAD 29

Neither the comments made nor the alleged 'brush past' amounted to unwelcome conduct of a sexual nature as required under the Anti-Discrimination Act 1977 (NSW). The evidence was insufficient to establish that a sexual relationship occurred or that Ms Forkin was victimised as defined by the Act. The complaint is therefore not substantiated and is dismissed.

Jurisdiction
Australia
Judgment Date
23 January 2020
Procedural Posture
Anti Discrimination Complaint / Final Determination
Outcome
Complaint dismissed
Legal Topics
['sexual Harassment' 'victimisation' 'evidence Assessment' 'employment Termination']
['equal Opportunity' 'employment Law' 'administrative Law'] ['sexual Harassment' 'victimisation' 'evidence Assessment' 'employment Termination']

Case Brief

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Procedural Posture

Anti Discrimination Complaint / Final Determination

Legal Issues

  1. 1 ['Whether Mr Young made unwelcome comments of a sexual nature to Ms Forkin' 'Whether Mr Young and Ms Forkin had a sexual relationship and whether that constituted sexual harassment' 'Whether Ms Forkin was victimised for ending the alleged relationship' "Whether the employer's actions constituted unlawful discrimination under the Anti-Discrimination Act 1977 (NSW)"]

Ratio Decidendi

Neither the comments made nor the alleged 'brush past' amounted to unwelcome conduct of a sexual nature as required under the Anti-Discrimination Act 1977 (NSW). The evidence was insufficient to establish that a sexual relationship occurred or that Ms Forkin was victimised as defined by the Act. The complaint is therefore not substantiated and is dismissed.

Court Disposition

Complaint dismissed

Orders

  • ['The complaint is dismissed.']