James v Tracz [2013] NSWADT 161

James v Tracz [2013] NSWADT 161

The tribunal found that the applicant failed to establish, on the balance of probabilities, that the alleged sexual harassment by Mr Tracz occurred. The applicant's evidence was inconsistent and contradicted by the evidence of the respondents and their witnesses, in particular Ms Young, whose evidence was found to be consistent, credible and independent. Having found that the sexual harassment was not proved, the tribunal dismissed the application.

Jurisdiction
Australia
Judgment Date
18 July 2013
Procedural Posture
Application / Final Decision
Outcome
Application dismissed
Legal Topics
['sexual Harassment in Employment']
['equal Opportunity Law'] ['sexual Harassment in Employment']

Case Brief

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Procedural Posture

Application / Final Decision

Legal Issues

  1. 1 ['Whether the first respondent, Mr Tracz, sexually harassed the applicant in contravention of the Anti-Discrimination Act 1977' 'Whether the second respondent, Ms Roach, is liable for permitting sexual harassment under s52 of the Anti-Discrimination Act 1977']

Ratio Decidendi

The tribunal found that the applicant failed to establish, on the balance of probabilities, that the alleged sexual harassment by Mr Tracz occurred. The applicant's evidence was inconsistent and contradicted by the evidence of the respondents and their witnesses, in particular Ms Young, whose evidence was found to be consistent, credible and independent. Having found that the sexual harassment was not proved, the tribunal dismissed the application.

Court Disposition

Application dismissed

Orders

  • ['The application is dismissed']