Borg v Commissioner, Department of Corrective Services & Anor

In the Federal Circuit Court of Australia, Borg v Commissioner, Department of Corrective Services & Anor was heard by Justice Bromberg. The applicant, Borg, brought claims of sexual harassment, race discrimination, and victimisation against the first and second respondents, the Commissioner of the Department of Corrective Services and another individual. The claims arose from Borg's employment with the Department and alleged that he had been subjected to inappropriate conduct by a colleague and faced discriminatory treatment and victimisation as a result of his complaints.

The court was required to determine whether the claims of sexual harassment, race discrimination, and victimisation were substantiated, and if so, whether the respondents were liable for damages. The court considered the evidence presented by both parties, including witness statements, emails, and other relevant documentation. The court also had to assess the credibility of the witnesses and the weight to be given to their evidence.

After considering the evidence and arguments presented, the court found that Borg's claims of sexual harassment, race discrimination, and victimisation were substantiated. The court held that the first and second respondents were vicariously liable for the acts of the colleague who had engaged in the sexual harassment and discrimination. The court also found that the first respondent was directly liable for victimisation. The court awarded Borg general damages of $27,500 for sexual harassment, $7,500 for race discrimination, and $12,500 for victimisation.