UU v UW (No 2) [2010] NSWADT 120

UU v UW (No 2) [2010] NSWADT 120

The Tribunal found on the balance of probabilities that the respondent sent the anonymous letter to the applicant's husband as retaliation for her making a sexual harassment complaint, constituting unlawful victimisation under s 50 Anti Discrimination Act 1977 (NSW). The applicant suffered detriment, including distress, impaired employability, loss of marital trust, and economic and forensic investigation losses, and compensation was accordingly ordered.

Jurisdiction
Australia
Judgment Date
20 May 2010
Procedural Posture
Equal Opportunity/victimisation / Final Decision After Hearing
Outcome
complaint substantiated; damages awarded
Legal Topics
['victimisation' 'damages' 'burden of Proof' 'aggravated Damages']
['anti Discrimination Law'] ['victimisation' 'damages' 'burden of Proof' 'aggravated Damages']

Case Brief

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Procedural Posture

Equal Opportunity/victimisation / Final Decision After Hearing

Legal Issues

  1. 1 ['Whether the respondent victimised the applicant contrary to s 50 Anti Discrimination Act 1977 (NSW)' "Whether the applicant suffered detriment as a result of the respondent's conduct" 'Appropriate quantum of damages, including economic, general, and aggravated damages']

Ratio Decidendi

The Tribunal found on the balance of probabilities that the respondent sent the anonymous letter to the applicant's husband as retaliation for her making a sexual harassment complaint, constituting unlawful victimisation under s 50 Anti Discrimination Act 1977 (NSW). The applicant suffered detriment, including distress, impaired employability, loss of marital trust, and economic and forensic investigation losses, and compensation was accordingly ordered.

Court Disposition

complaint substantiated; damages awarded

Orders

  • ['The complaint of victimisation is substantiated.' 'The Respondent to pay the Applicant compensation in the amount of $25,138.95 within 28 days of this decision.']