Ford v Inghams Enterprises Pty Ltd (No 3)

In Ford v Inghams Enterprises Pty Ltd (No 3), the applicant, Mr Ford, sought to bring an action for sexual harassment against the respondents, Inghams Enterprises Pty Ltd and several individuals. The applicants' claims were based on alleged incidents of sexual harassment that occurred during his employment with the respondents. The primary issue before the court was whether the applicant had substantiated conduct that constituted sexual harassment under section 28A of the Sex Discrimination Act 1984 (Cth). The court also needed to determine whether the alleged witnessed conduct was part of the applicant's complaint before the Australian Human Rights Commission (AHRC) and if the application was within the jurisdiction of the court.

The court found that while some of the events alleged by Mr Ford did occur, they did not involve conduct of a sexual nature within the meaning of section 28A of the Sex Discrimination Act, nor did they constitute sexual harassment. The court was not satisfied that the conduct alleged by Mr Ford had been substantiated. The court also held that the alleged witnessed conduct could not form part of the applicant's complaint before the court as it had not been the subject of a complaint to the AHRC which was terminated. Consequently, the court dismissed the applicant's originating application. The court granted the applicant's oral application to dispense with the notice requirement in sections 97(1)(a) and 98(1)(a) of the Evidence Act 1995 (Cth).