Collins v Fastlink Communication Brokers Pty Ltd & anor [2005] NSWADT 182

Collins v Fastlink Communication Brokers Pty Ltd & anor [2005] NSWADT 182

Most of Ms Collins' sexual harassment allegations were not proved on the balance of probabilities because her credit, and the credit of key corroborating witness Mr Halcrow, was poor and the allegations were not supported by other witnesses. However, Mr Almeida's admitted conduct in lifting Ms Collins off the ground in a bear hug at the Rockdale office on 30 March 2002 was unwelcome conduct of a sexual nature in workplace circumstances where a reasonable person would have anticipated offence, humiliation or intimidation, and therefore constituted sexual harassment under s 22B. The victimisation claim failed because the 14 April 2002 email did not amount to constructive dismissal and the...

Jurisdiction
Australia
Judgment Date
08 August 2005
Procedural Posture
Sexual Harassment in Workplace and Victimisation Complaint / Principal Matter; Final Decision After Hearing
Outcome
Application upheld in part; sexual harassment established only for the 30 March 2002 bear hug; victimisation not established.
Legal Topics
['sexual Harassment' 'workplace Participant' 'victimisation' 'damages for Non Economic Loss' 'costs']
['anti Discrimination Law' 'equal Opportunity Law' 'workplace Law'] ['sexual Harassment' 'workplace Participant' 'victimisation' 'damages for Non Economic Loss' 'costs']

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Procedural Posture

Sexual Harassment in Workplace and Victimisation Complaint / Principal Matter; Final Decision After Hearing

Legal Issues

  1. 1 ['Whether Edwin Almeida sexually harassed Michelle Collins at a workplace contrary to the Anti-Discrimination Act 1977.' 'Whether Fastlink Communication Brokers Pty Ltd and Edwin Almeida victimised Michelle Collins by terminating or suspending her sub-dealer arrangements or excluding her from the Rockdale premises because she alleged sexual harassment.' 'What damages, if any, should be awarded for proven sexual harassment.' 'Whether any costs order should be made.']

Ratio Decidendi

Most of Ms Collins' sexual harassment allegations were not proved on the balance of probabilities because her credit, and the credit of key corroborating witness Mr Halcrow, was poor and the allegations were not supported by other witnesses. However, Mr Almeida's admitted conduct in lifting Ms Collins off the ground in a bear hug at the Rockdale office on 30 March 2002 was unwelcome conduct of a sexual nature in workplace circumstances where a reasonable person would have anticipated offence, humiliation or intimidation, and therefore constituted sexual harassment under s 22B. The victimisation claim failed because the 14 April 2002 email did not amount to constructive dismissal and the...

Court Disposition

Application upheld in part; sexual harassment established only for the 30 March 2002 bear hug; victimisation not established.

Orders

  • ['That the Second Respondent Edwin Almeida pay the Applicant the sum of $1 000.' 'No order as to costs.']