Dee v Commissioner of Police, NSW Police & Anor (No 2) [2004] NSWADT 168

Dee v Commissioner of Police, NSW Police & Anor (No 2) [2004] NSWADT 168

Mr Lalonde's repeated shoulder massaging and hugging of Ms Dee was unwelcome conduct of a sexual nature which a reasonable person in his position would have anticipated would offend, humiliate or intimidate her, and therefore constituted sexual harassment. The same conduct was sufficiently pervasive to adversely affect the terms and conditions of Ms Dee's employment and amounted to sex discrimination. NSW Police was vicariously liable because s.53 applied and NSW Police failed to prove that it took all reasonable steps to prevent the contraventions, particularly given inadequate staff training and communication about sexual harassment. Ms Dee was entitled to general damages, but not...

Jurisdiction
Australia
Judgment Date
16 August 2004
Procedural Posture
Sex Discrimination and Sexual Harassment Complaint Under the Anti Discrimination Act 1977 / Principal Matter
Outcome
Application upheld; respondents ordered to pay damages and the first respondent ordered to pay specified costs.
Legal Topics
['sexual Harassment in the Workplace' 'sex Discrimination in Employment' 'vicarious Liability' 'damages' 'costs']
['anti Discrimination Law' 'employment Law'] ['sexual Harassment in the Workplace' 'sex Discrimination in Employment' 'vicarious Liability' 'damages' 'costs']

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Procedural Posture

Sex Discrimination and Sexual Harassment Complaint Under the Anti Discrimination Act 1977 / Principal Matter

Legal Issues

  1. 1 ["Whether Mr Lalonde's massaging and hugging of Ms Dee constituted sexual harassment under the Anti-Discrimination Act 1977." "Whether the conduct also constituted sex discrimination affecting the terms and conditions of Ms Dee's employment." "Whether NSW Police was vicariously liable for Mr Lalonde's conduct and whether it took all reasonable steps to prevent contraventions of the Anti-Discrimination Act 1977." 'What damages should be awarded for the established contraventions.' 'Whether special circumstances warranted a costs order for the additional hearing date of 6 February 2004.']

Ratio Decidendi

Mr Lalonde's repeated shoulder massaging and hugging of Ms Dee was unwelcome conduct of a sexual nature which a reasonable person in his position would have anticipated would offend, humiliate or intimidate her, and therefore constituted sexual harassment. The same conduct was sufficiently pervasive to adversely affect the terms and conditions of Ms Dee's employment and amounted to sex discrimination. NSW Police was vicariously liable because s.53 applied and NSW Police failed to prove that it took all reasonable steps to prevent the contraventions, particularly given inadequate staff training and communication about sexual harassment. Ms Dee was entitled to general damages, but not...

Court Disposition

Application upheld; respondents ordered to pay damages and the first respondent ordered to pay specified costs.

Orders

  • ['That the Respondents pay the Applicant $20,000 as damages for breach of s.22B of the Anti Discrimination Act 1977' 'That First Respondent pay the costs of Applicant and Second respondent for hearing date of 6 February 2004 as agreed or, if not agreed, in accordance with the Legal Profession Act 1987']