Taylor v August and Pemberton Pty Ltd [2023] FCA 1313

Taylor v August and Pemberton Pty Ltd [2023] FCA 1313

Mr Grew sexually harassed Ms Taylor under s 28B(2) of the SDA in three instances: slapping her buttock in July 2019, declaring romantic feelings in January 2020, and revival of advances in June 2020. The objective circumstances made it foreseeable a reasonable person would perceive the conduct as offensive, humiliating, or intimidating. Grew & Co is vicariously liable. Mr Grew committed victimisation following Ms Taylor's complaint, causing her significant psychiatric injury. Ms Taylor's losses were substantially caused by respondents' conduct and are compensable.

Jurisdiction
Australia
Judgment Date
31 October 2023
Procedural Posture
Civil / Judgment
Outcome
Judgment for the applicant
Legal Topics
['sexual Harassment' 'victimisation' 'aggravated Damages' 'safe Workplace' 'contract Breach' 'psychiatric Injury']
['human Rights' 'employment Law' 'discrimination Law'] ['sexual Harassment' 'victimisation' 'aggravated Damages' 'safe Workplace' 'contract Breach' 'psychiatric Injury']

Case Brief

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Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 ['Whether sexual harassment occurred under s 28A and s 28B of the Sex Discrimination Act 1984 (Cth)' 'Whether conduct amounted to victimisation under s 94 of the Sex Discrimination Act 1984 (Cth)' 'Whether damages and aggravated damages are payable for psychiatric injury and loss' 'Whether employer is vicariously liable for conduct of sole director/employee under s 106 SDA']

Ratio Decidendi

Mr Grew sexually harassed Ms Taylor under s 28B(2) of the SDA in three instances: slapping her buttock in July 2019, declaring romantic feelings in January 2020, and revival of advances in June 2020. The objective circumstances made it foreseeable a reasonable person would perceive the conduct as offensive, humiliating, or intimidating. Grew & Co is vicariously liable. Mr Grew committed victimisation following Ms Taylor's complaint, causing her significant psychiatric injury. Ms Taylor's losses were substantially caused by respondents' conduct and are compensable.

Court Disposition

Judgment for the applicant

Orders

  • ['Judgment entered in favour of the applicant.' 'Parties to submit short minutes of order by 21 November 2023.' 'Process for further submissions if applicant presses claim for remedies other than damages.' "Respondents to pay applicant's costs."]