Hughes v Narrabri Bowling Motel Limited [2012] NSWADT 161

Hughes v Narrabri Bowling Motel Limited [2012] NSWADT 161

The Tribunal found on the balance of probabilities that Mr Welsh's words to Mrs Hughes at the trolley were unwelcome, had sexual overtone, and in the circumstances would be anticipated to offend, humiliate, or intimidate a reasonable person. The acts of brushing up were not proven to be of a sexual nature or unwelcome. The victimisation claim failed as Mrs Welsh was not aware of the complaint at the relevant time, and the detriment suffered arose due to the timesheet dispute, not the complaint. The Club was not vicariously liable as it responded reasonably when advised of the complaint. Damages were limited to injury to feelings and distress resulting from the substantiated sexual...

Jurisdiction
Australia
Judgment Date
09 August 2012
Procedural Posture
Complaint (equal Opportunity/sexual Harassment) / Final Decision
Outcome
Complaint of sexual harassment by Mr Welsh in August 2010 substantiated; remainder dismissed
Legal Topics
['sexual Harassment' 'victimisation' 'vicarious Liability' 'damages']
['anti Discrimination Law' 'employment Law'] ['sexual Harassment' 'victimisation' 'vicarious Liability' 'damages']

Case Brief

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Procedural Posture

Complaint (equal Opportunity/sexual Harassment) / Final Decision

Legal Issues

  1. 1 ['Whether Mr Welsh sexually harassed Mrs Hughes under s.22A of the Anti-Discrimination Act 1977' 'Whether Narrabri Bowling Club Limited is vicariously liable for sexual harassment' 'Whether Mrs Welsh victimised Mrs Hughes under s.50 of the Anti-Discrimination Act 1977' 'Whether damages should be awarded and quantum']

Ratio Decidendi

The Tribunal found on the balance of probabilities that Mr Welsh's words to Mrs Hughes at the trolley were unwelcome, had sexual overtone, and in the circumstances would be anticipated to offend, humiliate, or intimidate a reasonable person. The acts of brushing up were not proven to be of a sexual nature or unwelcome. The victimisation claim failed as Mrs Welsh was not aware of the complaint at the relevant time, and the detriment suffered arose due to the timesheet dispute, not the complaint. The Club was not vicariously liable as it responded reasonably when advised of the complaint. Damages were limited to injury to feelings and distress resulting from the substantiated sexual...

Court Disposition

Complaint of sexual harassment by Mr Welsh in August 2010 substantiated; remainder dismissed

Orders

  • ['Mr Welsh is ordered to pay the applicant $7,500 within 28 days.' 'Complaint of two accounts of sexual harassment by Mr Welsh between January and August 2010 is dismissed.' 'Complaint of victimisation against Mrs Welsh is dismissed.' 'Two complaints of vicarious liability by the first respondent are dismissed.']