Vafa v Holdsworth; Vafa v University of Newcastle [2022] NSWCATAD 163

Vafa v Holdsworth; Vafa v University of Newcastle [2022] NSWCATAD 163

The Tribunal held that only Allegation 8—A/Prof Holdsworth's remark about shared accommodation in Ireland—constituted unlawful sexual harassment as it was unwelcome conduct of a sexual nature to which a reasonable person would have anticipated Ms Vafa would be offended. The rest of the complaints of sexual harassment, complaints of sex discrimination, and complaints of victimisation were not substantiated. A/Prof Holdsworth was found not to be an educational authority for the purposes of s 31A of the AD Act. The University was not vicariously liable in the circumstances. No causal connection was found between the alleged detriments and Ms Vafa's making of complaints to substantiate...

Jurisdiction
Australia
Judgment Date
24 May 2022
Procedural Posture
Discrimination and Sexual Harassment Complaint / Final Decision of the Civil and Administrative Tribunal, NSW
Outcome
One allegation of sexual harassment substantiated; all other complaints dismissed.
Legal Topics
['sexual Harassment' 'sex Discrimination' 'victimisation' 'educational Authority Liability']
['human Rights' 'discrimination Law' 'administrative Law'] ['sexual Harassment' 'sex Discrimination' 'victimisation' 'educational Authority Liability']

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Procedural Posture

Discrimination and Sexual Harassment Complaint / Final Decision of the Civil and Administrative Tribunal, NSW

Legal Issues

  1. 1 ['Whether A/Prof Holdsworth sexually harassed Ms Vafa under s 22A(b) of the Anti-Discrimination Act 1977 (NSW)' 'Whether the University of Newcastle or A/Prof Holdsworth discriminated against Ms Vafa on the ground of sex' 'Whether the University of Newcastle or A/Prof Holdsworth victimised Ms Vafa contravening s 50 of the AD Act' "Whether A/Prof Holdsworth is an 'educational authority' under the AD Act"]

Ratio Decidendi

The Tribunal held that only Allegation 8—A/Prof Holdsworth's remark about shared accommodation in Ireland—constituted unlawful sexual harassment as it was unwelcome conduct of a sexual nature to which a reasonable person would have anticipated Ms Vafa would be offended. The rest of the complaints of sexual harassment, complaints of sex discrimination, and complaints of victimisation were not substantiated. A/Prof Holdsworth was found not to be an educational authority for the purposes of s 31A of the AD Act. The University was not vicariously liable in the circumstances. No causal connection was found between the alleged detriments and Ms Vafa's making of complaints to substantiate...

Court Disposition

One allegation of sexual harassment substantiated; all other complaints dismissed.

Orders

  • ['Allegation 8 of the complaint of sexual harassment as against A/Prof Holdsworth is substantiated.' 'The balance of the complaint of sexual harassment as against A/Prof Holdsworth is not substantiated and is dismissed.' 'The complaint of sex discrimination as against the University is not substantiated and is...