Brandon -v- Ramsay Meats Pty Limited & anor [2000] NSWADT 93

Brandon -v- Ramsay Meats Pty Limited & anor [2000] NSWADT 93

The Tribunal accepted Laura Brandon's evidence that Stan Parker, a director and senior employee who directly supervised her, subjected her to unwelcome acts of sexual harassment. Those acts had sufficient sexual connotation to constitute discrimination on the ground of sex under section 24(1) of the Anti-Discrimination Act 1977 and materially changed the terms and conditions of her employment, making them unlawful under section 25(2)(a). The employer was responsible under section 53, and Parker was personally liable under section 52 because he caused the unlawful acts. The adverse changes to Brandon's work and termination of her employment followed from her allegations of harassment and...

Jurisdiction
Australia
Judgment Date
23 June 2000
Procedural Posture
Sex Discrimination in Work; Sexual Harassment in Workplace / Principal Matter
Outcome
The Tribunal found in favour of the applicant against the second respondent and ordered damages; no award as to costs.
Legal Topics
['sex Discrimination' 'sexual Harassment in the Workplace' 'victimisation' 'employer Responsibility for Employee Conduct' 'damages']
['anti Discrimination Law' 'employment Law'] ['sex Discrimination' 'sexual Harassment in the Workplace' 'victimisation' 'employer Responsibility for Employee Conduct' 'damages']

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Procedural Posture

Sex Discrimination in Work; Sexual Harassment in Workplace / Principal Matter

Legal Issues

  1. 1 ['Whether Stan Parker subjected Laura Brandon to sexual harassment constituting sex discrimination under section 24(1) of the Anti-Discrimination Act 1977.' "Whether the harassment materially changed the terms and conditions of Laura Brandon's employment so as to be unlawful under section 25(2)(a) of the Anti-Discrimination Act 1977." "Whether the employer was responsible for Stan Parker's acts under section 53 of the Anti-Discrimination Act 1977." 'Whether Stan Parker was liable under section 52 of the Anti-Discrimination Act 1977 for causing the unlawful acts.' 'Whether Laura Brandon was victimised under section 50 of the Anti-Discrimination Act 1977 after making allegations of discrimination.' 'What compensation should be awarded for discrimination and victimisation.']

Ratio Decidendi

The Tribunal accepted Laura Brandon's evidence that Stan Parker, a director and senior employee who directly supervised her, subjected her to unwelcome acts of sexual harassment. Those acts had sufficient sexual connotation to constitute discrimination on the ground of sex under section 24(1) of the Anti-Discrimination Act 1977 and materially changed the terms and conditions of her employment, making them unlawful under section 25(2)(a). The employer was responsible under section 53, and Parker was personally liable under section 52 because he caused the unlawful acts. The adverse changes to Brandon's work and termination of her employment followed from her allegations of harassment and...

Court Disposition

The Tribunal found in favour of the applicant against the second respondent and ordered damages; no award as to costs.

Orders

  • ['Second Respondent to pay applicant the sum of $40,000 by way of damages for the acts of discrimination and victimisation that she has suffered.' 'No award as to costs.']