Kraus v Menzie [2012] FCA 3

Kraus v Menzie [2012] FCA 3

The Court found that the first respondent, Mark Menzie, and the second respondent, The Truck Factory Pty Ltd, contravened s 28B of the Sex Discrimination Act 1984 (Cth) by sexually harassing the applicant, Jade Xavier Kraus, through specific acts, including purchase of intimate gifts, coercing her to swim in underwear on a work trip, endeavouring to share a cabin bunk during a business journey, the sending of sexually explicit images and messages, and the giving of sexually suggestive Christmas gifts. However, it was not established that this conduct amounted to discrimination in employment within s 14(2) nor caused the applicant economic loss or detriment to her employment, and therefore...

Parties
Applicant: Jade Xavier Kraus; First Respondent: Mark Menzie; Second Respondent: The Truck Factory Pty Ltd
Jurisdiction
Australia
Judgment Date
11 January 2012
Procedural Posture
Civil / Final Judgment Trial
Outcome
Application for sexual harassment succeeds in part; claim for discrimination fails.
Legal Topics
Sexual Harassment, Discrimination in Employment, Compensation for Sexual Harassment
Human Rights Law Employment Law Discrimination Law Sexual Harassment Discrimination in Employment Compensation for Sexual Harassment

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Parties

Jade Xavier Kraus

Applicant

Mark Menzie

First Respondent

The Truck Factory Pty Ltd

Second Respondent

Procedural Posture

Civil / Final Judgment Trial

Legal Issues

  1. 1 Whether the respondents sexually harassed the applicant, contrary to s 28B of the Sex Discrimination Act 1984 (Cth)
  2. 2 Whether the conduct amounted to discrimination in employment contrary to s 14(2) of the Sex Discrimination Act 1984 (Cth)
  3. 3 Whether the applicant is entitled to compensatory damages

Ratio Decidendi

The Court found that the first respondent, Mark Menzie, and the second respondent, The Truck Factory Pty Ltd, contravened s 28B of the Sex Discrimination Act 1984 (Cth) by sexually harassing the applicant, Jade Xavier Kraus, through specific acts, including purchase of intimate gifts, coercing her to swim in underwear on a work trip, endeavouring to share a cabin bunk during a business journey, the sending of sexually explicit images and messages, and the giving of sexually suggestive Christmas gifts. However, it was not established that this conduct amounted to discrimination in employment within s 14(2) nor caused the applicant economic loss or detriment to her employment, and therefore...

Court Disposition

Application for sexual harassment succeeds in part; claim for discrimination fails.

Orders

  • The respondents are declared to have sexually harassed the applicant in contravention of s 28B of the Sex Discrimination Act 1984 (Cth) by acts including the purchase and insisting on acceptance of intimate apparel, cajoling the applicant to swim in underwear on a work trip, endeavouring to share a cabin bunk during...
  • The respondents jointly pay the applicant damages of $12,000.