Elliott v Nanda

The matter before the Court was an application brought by Ms Leanne Elliott under sections 83A of the Sex Discrimination Act 1984 (Cth) and 46PO of the Human Rights and Equal Opportunity Commission Act 1986 (Cth) against Dr Prem Nanda and the Commonwealth of Australia respectively. Ms Elliott alleged that Dr Nanda sexually harassed her during her employment as a receptionist at Terrace Medical Centre, and that the Commonwealth was complicit in the alleged harassment through its dealings with the Commonwealth Employment Service. The Court was required to determine whether the respondent and the Commonwealth engaged in conduct proscribed by the Sex Discrimination Act and, if so, whether the applicant was entitled to compensation for the loss and damage flowing from that conduct.

The Court found that both Dr Nanda and the Commonwealth had engaged in conduct that contravened the Sex Discrimination Act. The Court found that Dr Nanda sexually harassed Ms Elliott in various ways during her employment, including making inappropriate comments about sex and groping her. The Court also found that the Commonwealth was complicit in the harassment by failing to properly investigate complaints made by previous employees about Dr Nanda's conduct. The Court awarded Ms Elliott $15,100 in compensation for the sexual harassment and discrimination by Dr Nanda and the Commonwealth, and an additional $5,000 in aggravated damages for Dr Nanda's conduct following the making of the complaint to HREOC.

The Court stood the proceeding over for directions to allow the parties to make submissions about the payment of compensation and costs. The Court also made orders to protect the identity of certain individuals involved in the case.