Coleman -v- Bentley [2002] NSWADT 87

Coleman -v- Bentley [2002] NSWADT 87

The Tribunal accepted the applicant as an honest and credible witness about the respondent's conduct, found corroboration for the neck injury, and held on the balance of probabilities that the conduct was sexual in nature, unwelcome, and such that a reasonable person would have anticipated that the applicant would be offended, humiliated or intimidated. Non-economic loss, moving costs, medical expenses and past counselling were causally linked to the respondent's sexual harassment. Lost wages were not awarded because the evidence did not establish that the dismissal was related to the sexual harassment, the evidence on hours and quantum was unsatisfactory, and the applicant had not...

Jurisdiction
Australia
Judgment Date
28 May 2002
Procedural Posture
Sexual Harassment in Workplace Complaint Under the Anti Discrimination Act 1977 / Principal Matter Decision After Hearing
Outcome
Complaint substantiated; compensation of $10,352.40 awarded; no order as to costs.
Legal Topics
['sexual Harassment' 'workplace Harassment' 'compensation for Non Economic Loss' 'economic Loss' 'costs']
['anti Discrimination Law' 'employment Law'] ['sexual Harassment' 'workplace Harassment' 'compensation for Non Economic Loss' 'economic Loss' 'costs']

Case Brief

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Procedural Posture

Sexual Harassment in Workplace Complaint Under the Anti Discrimination Act 1977 / Principal Matter Decision After Hearing

Legal Issues

  1. 1 ['Whether the respondent sexually harassed the applicant in employment within the meaning of the Anti-Discrimination Act 1977.' "Whether the applicant proved economic loss, non-economic loss, medical expenses, counselling expenses and moving costs caused by the respondent's conduct." 'Whether an order for costs should be made against the respondent for failing to appear.']

Ratio Decidendi

The Tribunal accepted the applicant as an honest and credible witness about the respondent's conduct, found corroboration for the neck injury, and held on the balance of probabilities that the conduct was sexual in nature, unwelcome, and such that a reasonable person would have anticipated that the applicant would be offended, humiliated or intimidated. Non-economic loss, moving costs, medical expenses and past counselling were causally linked to the respondent's sexual harassment. Lost wages were not awarded because the evidence did not establish that the dismissal was related to the sexual harassment, the evidence on hours and quantum was unsatisfactory, and the applicant had not...

Court Disposition

Complaint substantiated; compensation of $10,352.40 awarded; no order as to costs.

Orders

  • ['Complaint substantiated.' 'The respondent pay the applicant within 21 days of the date of this decision $10,352.40.' 'No order as to costs.']