Grulke v K C Canvas Pty Ltd

[2000] FCA 1415

FEDERAL COURT OF AUSTRALIA

Grulke v K C Canvas Pty Ltd ACN 057 228 850 [2000] FCA 1415

RYAN J
MELBOURNE
29 SEPTEMBER 2000

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY	V291 of 2000

BETWEEN:	LEANNE GRULKE Applicant
AND:	K C CANVAS PTY LTD ACN 057 228 850 Respondent
JUDGE:	RYAN J
DATE OF ORDER:	29 SEPTEMBER 2000
WHERE MADE:	MELBOURNE

THE COURT ORDERS:

1.THAT IT BE DECLARED that the respondent has committed unlawful discrimination against the applicant in contravention of s 14 of the Sex Discrimination Act 1984 (Cth).

2.THAT the respondent pay to the applicant damages by way of compensation for loss or damage suffered by the applicant by reason of the contravention referred to in paragraph 1 of this Order, such damages being fixed in the sum of $10,000.00.

3.THAT the respondent pay the applicant's costs of the application, such costs to be taxed in default of agreement.

Note:    Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY	V291 of 2000

BETWEEN:	LEANNE GRULKE Applicant
AND:	K C CANVAS PTY LTD ACN 057 228 850 Respondent

JUDGE:	RYAN J
DATE:	29 SEPTEMBER 2000
PLACE:	MELBOURNE

REASONS FOR JUDGMENT

1. In this matter I am satisfied that the applicant has made out a contravention of s 14 of the Sex Discrimination 1984 (Cth) and that contravention consisted of discriminatory conduct against the applicant and another female employee while they were employed by the respondent, and the termination, for discriminatory reasons, of their employment in or about May 1997.  I am satisfied that the pecuniary loss sustained by the applicant as a direct result of the termination of that employment can be quantified in the sum of $7,000.00, representing the earnings which she would have received had she remained in the employment of the respondent during the 16 weeks which elapsed between the termination of her employment by the respondent and her obtaining other, similarly remunerated, employment.

2. I am also satisfied that the applicant is entitled to general damages, as compensation for the psychological harm inflicted by the injury to her feelings which occurred during the course of the employment.  That injury was substantially exacerbated by the termination of that employment in the circumstances that she has recounted.  That component of her damages, I consider, can appropriately be quantified in the sum of $3000.00.

3. I have further been requested to make an order requiring the respondent to apologise to the applicant, that being, in the submission of Counsel for the applicant, an order of the kind contemplated by s 46PO of the Human Rights and Equal Opportunity Commission Act 1986 which provides by subs 4:

   "If the court concerned is satisfied that there has been unlawful discrimination by any respondent the court may make such orders, including a declaration of right, as it thinks fit, including any of the following orders or any order to a similar effect.

   …

   (b)An order requiring a respondent to perform any reasonable act or course of conduct to redress any loss or damage suffered by an applicant."

4. In my view, having regard to the fact that the respondent here is not a natural legal person but is a corporation, and the fact that I have endeavoured to compensate for loss or damage suffered by the applicant by making a pecuniary award of damages, it is inappropriate to exercise the discretion reposed in the Court by additionally ordering the making of an apology.  Accordingly, the orders of the Court will be:

   1.That it be declared that the respondent has committed unlawful discrimination against the applicant in contravention of s 14 of the Sex Discrimination Act 1984 (Cth).

   2.That the respondent pay to the applicant damages by way of compensation for loss or damage suffered by the applicant by reason of the contravention referred to in paragraph 1 of this Order, such damages being fixed in the sum of $10,000.00.

   3.That the respondent pay the applicant's costs of the application, such costs to be taxed in default of agreement.

I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Ryan.

Associate:

Dated:             29 September 2000

Counsel for the Applicant:	Ms H F Bonney
Solicitor for the Applicant:	G A Black and Co
There was no appearance by the Respondent.
Date of Hearing:	29 September 2000
Date of Judgment:	29 September 2000