Hudson -v- Strathfield Golf Club [2000] NSWADT 88

Hudson -v- Strathfield Golf Club [2000] NSWADT 88

The Tribunal found, on the balance of probabilities, that Mr Hudson was subjected to persistent racial taunts and harassment by co-worker Mr Willis, and this conduct was on the grounds of his race, amounting to less favourable treatment and a detriment within the meaning of ss 7 and 8(2)(a) of the Anti-Discrimination Act 1977. Strathfield Golf Club was vicariously liable because it failed to take all reasonable steps to prevent this discrimination. The club's investigation and response to complaints were inadequate. The complainant's dismissal was, at least in part, connected to these racially discriminatory circumstances, contravening s8(2)(c) of the Act.

Jurisdiction
Australia
Judgment Date
06 July 2000
Procedural Posture
Race Discrimination in Work / Principal Matter
Outcome
Complaint upheld. Race discrimination against the complainant was established in relation to employment conditions and dismissal.
Legal Topics
['race Discrimination' 'vicarious Liability' 'workplace Harassment']
['anti Discrimination Law' 'employment Law'] ['race Discrimination' 'vicarious Liability' 'workplace Harassment']

Case Brief

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Procedural Posture

Race Discrimination in Work / Principal Matter

Legal Issues

  1. 1 ['Did Steve Willis harass and racially abuse Mr Hudson?' 'Does such treatment amount to less favourable treatment?' "Was the treatment on the grounds of Mr Hudson's race?" "Were the terms and conditions of Mr Hudson's employment adversely affected?" "Is the SGC vicariously liable for Mr Willis' conduct?" "Was Mr Hudson's dismissal unlawful pursuant to s8(2)(c) of the Anti-Discrimination Act?"]

Ratio Decidendi

The Tribunal found, on the balance of probabilities, that Mr Hudson was subjected to persistent racial taunts and harassment by co-worker Mr Willis, and this conduct was on the grounds of his race, amounting to less favourable treatment and a detriment within the meaning of ss 7 and 8(2)(a) of the Anti-Discrimination Act 1977. Strathfield Golf Club was vicariously liable because it failed to take all reasonable steps to prevent this discrimination. The club's investigation and response to complaints were inadequate. The complainant's dismissal was, at least in part, connected to these racially discriminatory circumstances, contravening s8(2)(c) of the Act.

Court Disposition

Complaint upheld. Race discrimination against the complainant was established in relation to employment conditions and dismissal.

Orders

  • ['The respondent is to pay the complainant $3,000 for non-economic loss within 21 days.' 'The parties are to provide further submissions to the Tribunal on the calculation of damages for economic loss, as directed by the registrar.']