McGuire v Reyes t/as The Entrance Lakehouse [2017] NSWCATAD 50

McGuire v Reyes t/as The Entrance Lakehouse [2017] NSWCATAD 50

Mr Spooner engaged in unwelcome conduct of a sexual nature on 26 June 2015 by touching Ms McGuire on the buttocks while she was on a step-ladder at work. The conduct was found to be sexual in nature, unwelcome, and would offend or humiliate a reasonable person in Ms McGuire's position. The standard of proof was met on the balance of probabilities. The hugging incident, although unwelcome, was not found to be sexual in nature. As a result, Mr Spooner was liable for sexual harassment under s 22B(2) of the Anti-Discrimination Act 1977.

Jurisdiction
Australia
Judgment Date
08 February 2017
Procedural Posture
Complaint (sexual Harassment) Under Anti Discrimination Law / Merits Hearing and Decision
Outcome
Complaint against Maria Milagros Reyas t/as The Entrance Lakehouse withdrawn and dismissed; sexual harassment against Laurie Spooner proven; compensation awarded.
Legal Topics
['sexual Harassment' 'unwelcome Conduct at Work' 'compensation for Distress']
['anti Discrimination' 'employment Law'] ['sexual Harassment' 'unwelcome Conduct at Work' 'compensation for Distress']

Case Brief

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Procedural Posture

Complaint (sexual Harassment) Under Anti Discrimination Law / Merits Hearing and Decision

Legal Issues

  1. 1 ['Whether Mr Laurie Spooner engaged in unwelcome conduct of a sexual nature towards Ms Lynn McGuire constituting sexual harassment pursuant to ss 22A and 22B(2) of the Anti-Discrimination Act 1977 (NSW)' 'Whether the conduct caused distress and/or mental harm to Ms McGuire as a result of the sexual harassment' 'Whether the hugging incident constituted sexual harassment under the statutory definition']

Ratio Decidendi

Mr Spooner engaged in unwelcome conduct of a sexual nature on 26 June 2015 by touching Ms McGuire on the buttocks while she was on a step-ladder at work. The conduct was found to be sexual in nature, unwelcome, and would offend or humiliate a reasonable person in Ms McGuire's position. The standard of proof was met on the balance of probabilities. The hugging incident, although unwelcome, was not found to be sexual in nature. As a result, Mr Spooner was liable for sexual harassment under s 22B(2) of the Anti-Discrimination Act 1977.

Court Disposition

Complaint against Maria Milagros Reyas t/as The Entrance Lakehouse withdrawn and dismissed; sexual harassment against Laurie Spooner proven; compensation awarded.

Orders

  • ['The complaint against Maria Milagros Reyas t/as The Entrance Lakehouse is withdrawn and dismissed.' 'Laurie Spooner is to pay Lynn McGuire the sum of $6,000 within 28 days from the date of this decision.']