A -V- Mayhew Trading As Bangor Video [1998] NSWEOT

A -V- Mayhew Trading As Bangor Video [1998] NSWEOT

Having regard to the disparity in ages and positions of the parties, a reasonable person would have anticipated that the Complainant would be offended, humiliated and intimidated by the Respondent's unwelcome conduct of a sexual nature. The Tribunal accepted the Complainant's evidence that the Respondent made requests for sexual favours in January 1998, found that she was sexually harassed from August 1997 to January 1998, and found that she left her employment as a result of that harassment.

Jurisdiction
Australia
Judgment Date
14 September 1998
Procedural Posture
Complaint of Sexual Harassment Under the Anti Discrimination Act 1977 / Hearing and Judgment
Outcome
Complaint substantiated; judgment in favour of the Complainant.
Legal Topics
['sexual Harassment' 'unwelcome Conduct of a Sexual Nature' 'requests for Sexual Favours' 'damages' 'workplace Harassment']
['anti Discrimination Law' 'employment Law'] ['sexual Harassment' 'unwelcome Conduct of a Sexual Nature' 'requests for Sexual Favours' 'damages' 'workplace Harassment']

Case Brief

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Procedural Posture

Complaint of Sexual Harassment Under the Anti Discrimination Act 1977 / Hearing and Judgment

Legal Issues

  1. 1 ["Whether the Respondent's conversations and comments constituted unwelcome conduct of a sexual nature under section 22A of the Anti Discrimination Act 1977." 'Whether the Respondent made requests for sexual favours in January 1998.' 'Whether the Complainant left her employment as a result of sexual harassment.' 'What relief should be ordered if the complaint was substantiated.']

Ratio Decidendi

Having regard to the disparity in ages and positions of the parties, a reasonable person would have anticipated that the Complainant would be offended, humiliated and intimidated by the Respondent's unwelcome conduct of a sexual nature. The Tribunal accepted the Complainant's evidence that the Respondent made requests for sexual favours in January 1998, found that she was sexually harassed from August 1997 to January 1998, and found that she left her employment as a result of that harassment.

Court Disposition

Complaint substantiated; judgment in favour of the Complainant.

Orders

  • ['Within 28 days the Respondent is to pay the Complainant damages in the sum of $7,873.' 'Within 7 days the Respondent is to sign and return to the Complainant a typed version of the reference for the Complainant which has already been provided by him in handwritten form.' 'Within 6 months the Respondent is to...