Australian Postal Corporation v Gallard

The Australian Postal Corporation (appellant) appealed to the Full Federal Court against a decision of a single judge of that court concerning a claim brought by Mr Gallard (respondent). The dispute involved allegations of discrimination and harassment by the appellant against the respondent during his employment.

The Full Federal Court was required to determine whether the single judge had erred in finding that the appellant had engaged in unlawful discrimination against the respondent under the *Public Service Act 1999* (Cth) and the *Public Service Regulations 1999* (Cth). Specifically, the court considered whether the appellant's actions constituted harassment and whether the appellant had failed to take reasonable steps to prevent such harassment.

The Full Federal Court dismissed the appeal, upholding the findings of the single judge. The court reasoned that the evidence supported the conclusion that the respondent had been subjected to harassment and that the appellant had not discharged its statutory obligation to take reasonable steps to prevent such conduct. The court applied the principles of statutory interpretation to the relevant provisions of the *Public Service Act* and *Public Service Regulations*, emphasizing the employer's positive duty to ensure a workplace free from harassment.

The appeal was dismissed, and the appellant was ordered to pay the respondent's costs, including costs on an indemnity basis from 4 February 2000.