Chen v Monash University

[2015] FCA 130

FEDERAL COURT OF AUSTRALIA

Chen v Monash University [2015] FCA 130

Citation:

Chen v Monash University [2015] FCA 130

Parties:

QIZHI CHEN v MONASH UNIVERSITY, CHRIS DAVIES and GEORGE SIMON

File number:

VID 857 of 2013

Judge:

TRACEY J

Date of judgment:

27 February 2015

Corrigendum:

23 March 2015

Catchwords:

HUMAN RIGHTS – discrimination – whether employee subjected to sexual discrimination or harassment in the workplace

PRACTICE AND PROCEDURE – whether court has jurisdiction to hear claim for victimisation

Legislation:

Evidence Act 1995 (Cth) – s 140
Human Rights and Equal Opportunity Act 1986 (Cth) – s 46PO, Pt IIB
Racial Discrimination Act 1975 (Cth)
Sex DiscriminationAct 1984 (Cth) – ss 5, 14, 28A, 28B, 94, 105, 106

Cases cited:

Bahonko v Royal Melbourne Institute of Technology [2006] FCA 1325 – cited
Briginshaw v Briginshaw (1938) 60 CLR 336 – cited
Charles v Fuji Xerox Australia Pty Ltd (2000) 105 FCR 573 – cited
Crvenkovic v La Trobe University [2009] FCA 374 – cited
Maghiar v State of Western Australia [2002] FCA 262 – cited
Qantas Airways Limited v Gama (2008) 167 FCR 537 – cited
Walker v State of Victoria [2012] FCAFC 38 – cited

Date of hearing:

3-7, 11-13 March, 2-6 June and 15-16 July 2014

Place:

Melbourne

Division:

GENERAL DIVISION

Category:

Catchwords

Number of paragraphs:

270

Counsel for the Applicant:

The Applicant appeared in person

Counsel for the Respondents:

Mr J Bourke SC and Ms R Nelson

Solicitor for the Respondents:

Lander and Rogers

FEDERAL COURT OF AUSTRALIA

Chen v Monash University [2015] FCA 130

CORRIGENDUM

1.In paragraph 2 of the Reasons for Judgment, in the first sentence, the word “about” should be inserted between “those” and “whom” in the second line.

I certify that the preceding one (1) numbered paragraph is a true copy of the Corrigendum to the Reasons for Judgment herein of the Honourable Justice Tracey.

Associate:

Dated:        23 March 2105

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
GENERAL DIVISION	VID 857 of 2013

BETWEEN:

QIZHI CHEN
Applicant

AND:

MONASH UNIVERSITY
First Respondent

CHRIS DAVIES
Second Respondent

GEORGE SIMON
Third Respondent

JUDGE:	TRACEY J
DATE OF ORDER:	27 FEBRUARY 2015
WHERE MADE:	MELBOURNE

THE COURT ORDERS THAT:

1.The application be dismissed with costs.

Note:Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
GENERAL DIVISION	VID 857 of 2013

BETWEEN:

QIZHI CHEN
Applicant

AND:

MONASH UNIVERSITY
First Respondent

CHRIS DAVIES
Second Respondent

GEORGE SIMON
Third Respondent

JUDGE:	TRACEY J
DATE:	27 FEBRUARY 2015
PLACE:	MELBOURNE

REASONS FOR JUDGMENT

1. The applicant Dr Qizhi Chen, has made some 53 claims of sex discrimination and sexual harassment against Monash University and some of its senior academic staff.  The discrimination and harassment were said to have occurred over a period of five years between 2008 and 2013.  During this time Dr Chen was employed by the University as a Senior Lecturer and, later, an Associate Professor in the Department of…