Ferreira & anor v Wollongong Spanish Club Pty Ltd & anor [2005] NSWADT 57

Ferreira & anor v Wollongong Spanish Club Pty Ltd & anor [2005] NSWADT 57

The Tribunal accepted Ms Ferreira's evidence over Mr Arevalo's and found that he made unwelcome attempts to hug and kiss her, made the quilt cover comment, and sexually assaulted her in early September 2002. That conduct constituted sexual harassment under the Anti-Discrimination Act 1977. The Club was vicariously liable for Mr Arevalo's conduct, a point conceded by the respondents, and separately discriminated against Ms Ferreira on the ground of sex by failing to prevent the harassment and by responding inadequately once matters were raised. Ms Vega's claim failed because the Tribunal was not satisfied that the alleged criticism or reduction in hours was proved to the required standard...

Jurisdiction
Australia
Judgment Date
18 March 2005
Procedural Posture
Sex Discrimination, Sexual Harassment and Victimisation Complaints Under the Anti Discrimination Act 1977 / Principal Matter After Referral From the Anti Discrimination Board
Outcome
Ms Ferreira's application succeeded and she was awarded damages against both respondents jointly and severally; Ms Vega's application was dismissed.
Legal Topics
['sex Discrimination' 'sexual Harassment in the Workplace' 'victimisation' 'vicarious Liability' 'damages' 'costs']
['anti Discrimination Law' 'employment Law'] ['sex Discrimination' 'sexual Harassment in the Workplace' 'victimisation' 'vicarious Liability' 'damages' 'costs']

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Sex Discrimination, Sexual Harassment and Victimisation Complaints Under the Anti Discrimination Act 1977 / Principal Matter After Referral From the Anti Discrimination Board

Legal Issues

  1. 1 ['Whether Mr Arevalo sexually harassed Ms Ferreira within the meaning of the Anti-Discrimination Act 1977.' "Whether Wollongong Spanish Club Pty Ltd was vicariously liable for Mr Arevalo's conduct and separately discriminated against Ms Ferreira on the ground of sex." "Whether Ms Vega was victimised because she assisted Ms Ferreira in relation to Mr Arevalo's conduct." 'What damages and costs orders should be made.']

Ratio Decidendi

The Tribunal accepted Ms Ferreira's evidence over Mr Arevalo's and found that he made unwelcome attempts to hug and kiss her, made the quilt cover comment, and sexually assaulted her in early September 2002. That conduct constituted sexual harassment under the Anti-Discrimination Act 1977. The Club was vicariously liable for Mr Arevalo's conduct, a point conceded by the respondents, and separately discriminated against Ms Ferreira on the ground of sex by failing to prevent the harassment and by responding inadequately once matters were raised. Ms Vega's claim failed because the Tribunal was not satisfied that the alleged criticism or reduction in hours was proved to the required standard...

Court Disposition

Ms Ferreira's application succeeded and she was awarded damages against both respondents jointly and severally; Ms Vega's application was dismissed.

Orders

  • ['In the matter of Ferreira: Mrs Ferreira be awarded damages, jointly and severally against the two respondents, in the sum of $17,500.' "In the matter of Ferreira: Leave granted to either party to relist the matter to argue the matter of costs within 14 days of publishing the reasons for decision in the matter; if...