Kesby v Nguyen-Dang (No 2) [2009] NSWADT 310

Kesby v Nguyen-Dang (No 2) [2009] NSWADT 310

None of the allegations, either separately or in combination, constituted conduct of a sexual nature in relation to Ms Kesby as defined by the Anti-Discrimination Act 1977. Complaints of victimisation were not substantiated as the evidence did not support that the respondents' actions were on the relevant grounds. No substantiated evidence was found to support unlawful sex discrimination.

Jurisdiction
Australia
Judgment Date
14 December 2009
Procedural Posture
Equal Opportunity / Final Hearing and Decision
Legal Topics
['sexual Harassment' 'sex Discrimination' 'victimisation']
['anti Discrimination' 'equal Opportunity'] ['sexual Harassment' 'sex Discrimination' 'victimisation']

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Procedural Posture

Equal Opportunity / Final Hearing and Decision

Legal Issues

  1. 1 ['Whether the conduct alleged constituted sexual harassment under section 22A of the Anti-Discrimination Act 1977' 'Whether actions by respondents amounted to victimisation under section 50 of the Anti-Discrimination Act 1977' 'Whether conduct constituted unlawful sex discrimination under section 25(2) of the Anti-Discrimination Act 1977']

Ratio Decidendi

None of the allegations, either separately or in combination, constituted conduct of a sexual nature in relation to Ms Kesby as defined by the Anti-Discrimination Act 1977. Complaints of victimisation were not substantiated as the evidence did not support that the respondents' actions were on the relevant grounds. No substantiated evidence was found to support unlawful sex discrimination.

Court Disposition

Orders

  • []