Waugh v Feledyk [2022] NSWCATAD 205

Waugh v Feledyk [2022] NSWCATAD 205

The applicant's allegations described a consensual sexual relationship rather than 'unwelcome' sexual conduct as required for sexual harassment, making it highly unlikely she could satisfy the statutory test; thus, both complaints were lacking in substance and it would not be fair or just to grant leave for them to proceed.

Parties
Applicant: Shana Waugh; First Respondent: Kristian Feledyk; Second Respondent: Department of Communities and Justice
Jurisdiction
Australia
Judgment Date
20 June 2022
Procedural Posture
Application for Leave to Proceed With Discrimination and Harassment Complaint / Determination of Leave Application
Outcome
Leave for the complaints against both respondents refused; application dismissed.
Legal Topics
Equal Opportunity, Sexual Harassment, Sex Discrimination, Leave to Proceed, Unfair Treatment at Work
Human Rights Discrimination Law Equal Opportunity Sexual Harassment Sex Discrimination Leave to Proceed Unfair Treatment at Work

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Parties

Shana Waugh

Applicant

Kristian Feledyk

First Respondent

Department of Communities and Justice

Second Respondent

Procedural Posture

Application for Leave to Proceed With Discrimination and Harassment Complaint / Determination of Leave Application

Legal Issues

  1. 1 Whether the applicant established grounds for leave to proceed with complaints of sexual harassment and discrimination under the Anti-Discrimination Act 1977 (NSW)
  2. 2 Whether the alleged conduct constituted 'unwelcome' sexual conduct under the Act
  3. 3 Whether the Tribunal should exercise discretion to grant leave

Ratio Decidendi

The applicant's allegations described a consensual sexual relationship rather than 'unwelcome' sexual conduct as required for sexual harassment, making it highly unlikely she could satisfy the statutory test; thus, both complaints were lacking in substance and it would not be fair or just to grant leave for them to proceed.

Court Disposition

Leave for the complaints against both respondents refused; application dismissed.

Orders

  • Leave for the complaint against Mr Kristian Feledyk is refused.
  • Leave for the complaint against the Department of Communities and Justice to proceed is refused.