Taylor v Sciberras [2004] NSWADT 104

Taylor v Sciberras [2004] NSWADT 104

The Tribunal found as fact that Mr Sciberras engaged in persistent and unwelcome sexual harassment of Ms Taylor, constituting unlawful conduct under the NSW Anti-Discrimination Act. This conduct led to constructive dismissal and ongoing psychological harm, warranting damages and an award of costs in special circumstances.

Parties
Applicant: Lisa Taylor; Respondent: Sam Sciberras
Jurisdiction
Australia
Judgment Date
01 June 2004
Procedural Posture
Sexual Harassment in Workplace Victimisation / Final Decision
Outcome
Applicant succeeds; Respondent found liable for sexual harassment and constructive dismissal
Legal Topics
Sexual Harassment, Constructive Dismissal, Victimisation, Hostile Work Environment
Equal Opportunity Employment Law Anti Discrimination Sexual Harassment Constructive Dismissal Victimisation Hostile Work Environment

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Lisa Taylor

Applicant

Sam Sciberras

Respondent

Procedural Posture

Sexual Harassment in Workplace Victimisation / Final Decision

Legal Issues

  1. 1 Whether sexual harassment occurred as alleged by the applicant
  2. 2 Whether conduct was unwelcome and against applicant's will
  3. 3 Whether applicant suffered loss and damage as a result of sexual harassment

Ratio Decidendi

The Tribunal found as fact that Mr Sciberras engaged in persistent and unwelcome sexual harassment of Ms Taylor, constituting unlawful conduct under the NSW Anti-Discrimination Act. This conduct led to constructive dismissal and ongoing psychological harm, warranting damages and an award of costs in special circumstances.

Court Disposition

Applicant succeeds; Respondent found liable for sexual harassment and constructive dismissal

Orders

  • Respondent to pay Applicant damages in the sum of $19,150 within 30 days of publication of decision
  • Respondent to pay Applicant costs as agreed or as assessed