Webb v Newcastle Hire Cars Pty Ltd & Ors [2004] NSWADT 142

Webb v Newcastle Hire Cars Pty Ltd & Ors [2004] NSWADT 142

The Tribunal was comfortably satisfied that Peter Pandel continued after 4 July 1997 to telephone and ask the Applicant out, that the conduct was unwelcome, sexual in nature, persistent, and such that a reasonable person would have anticipated that the Applicant would be offended, humiliated or intimidated, and therefore contravened section 22B of the Anti-Discrimination Act 1977. The claim against John Solaja failed because the proved or alleged conduct was either not shown to fall within section 22A or could not be placed after commencement of the relevant provisions. Newcastle Hire Cars Pty Ltd was not liable for Pandel's harassment because it took immediate steps once informed of a...

Jurisdiction
Australia
Judgment Date
13 July 2004
Procedural Posture
Sexual Harassment in Workplace / Principal Matter
Outcome
Application upheld in part. The Third Respondent was ordered to pay damages of $8,000.00 for sexual harassment, the First Respondent was ordered to pay damages of $2,000.00 for the display of sexually provocative calendars in the workplace, and no order as to costs was made.
Legal Topics
['sexual Harassment' 'workplace Harassment' 'vicarious Liability of Employer' 'unwelcome Conduct of a Sexual Nature' 'display of Sexually Provocative Material in the Workplace' 'damages for Distress and Humiliation']
['anti Discrimination Law' 'employment Law'] ['sexual Harassment' 'workplace Harassment' 'vicarious Liability of Employer' 'unwelcome Conduct of a Sexual Nature' 'display of Sexually Provocative Material in the Workplace' 'damages for Distress and Humiliation']

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

Sexual Harassment in Workplace / Principal Matter

Legal Issues

  1. 1 ['Whether John Solaja sexually harassed the Applicant within the meaning of the Anti-Discrimination Act 1977.' 'Whether Peter Pandel sexually harassed the Applicant within the meaning of the Anti-Discrimination Act 1977.' "Whether Newcastle Hire Cars Pty Ltd was liable under section 53 of the Anti-Discrimination Act 1977 for Peter Pandel's conduct." 'Whether the display of sexually provocative calendars, posters or magazines in the workplace contravened the Anti-Discrimination Act 1977.' 'What damages should be awarded for proven sexual harassment.']

Ratio Decidendi

The Tribunal was comfortably satisfied that Peter Pandel continued after 4 July 1997 to telephone and ask the Applicant out, that the conduct was unwelcome, sexual in nature, persistent, and such that a reasonable person would have anticipated that the Applicant would be offended, humiliated or intimidated, and therefore contravened section 22B of the Anti-Discrimination Act 1977. The claim against John Solaja failed because the proved or alleged conduct was either not shown to fall within section 22A or could not be placed after commencement of the relevant provisions. Newcastle Hire Cars Pty Ltd was not liable for Pandel's harassment because it took immediate steps once informed of a...

Court Disposition

Application upheld in part. The Third Respondent was ordered to pay damages of $8,000.00 for sexual harassment, the First Respondent was ordered to pay damages of $2,000.00 for the display of sexually provocative calendars in the workplace, and no order as to costs was made.

Orders

  • ['The Third Respondent Peter Pandel is to pay the Applicant the sum of $8,000.00 within 21 days from the date of this decision.' 'The First Respondent Newcastle Hire Cars Pty Ltd is to pay the Applciant the sum of $2,000.00 within 21 days from the date of this decision.' 'No order as to costs.']