Ho v Regulator Australia Pty Ltd

The applicant, Ms Ho, brought proceedings against the first and second respondents, Regulator Australia Pty Ltd and Mrs Joanne Kenny, alleging discrimination on the basis of her sex. The dispute arose out of events that occurred during the applicant’s employment with the first respondent, culminating in the applicant being dismissed from her employment. The case was heard in the Federal Circuit Court of Australia. The applicant sought a declaration that the first and second respondents had discriminated against her in contravention of the Sex Discrimination Act 1984 (Cth). Additionally, she sought damages for the harm suffered.

The court had to determine whether the acts of the first and second respondents constituted discrimination against the applicant, as alleged. Specifically, the court needed to examine whether the requirement for the applicant to change towels in the men’s washroom, and the manner in which her maternity leave application was handled, constituted discrimination under the Act. The court also needed to consider whether the first and second respondents were vicariously liable for the actions of Mrs Kenny. Furthermore, the court had to determine the appropriate remedy for the breaches.

In examining the evidence, the court found that the first respondent, through the agency of Mrs Kenny, did discriminate against the applicant. The court found that the requirement for the applicant to change towels in the men’s washroom was discriminatory, as it was based on her sex. The court also found that the manner in which the applicant’s maternity leave application was handled constituted discrimination, as it involved an unnecessary and humiliating process for the applicant. The court found that the first and second respondents were vicariously liable for the actions of Mrs Kenny. The court concluded that the breaches of the Act were intentional, and that the applicant had suffered harm as a result. The court ordered that the first and second respondents pay $1,000 in general damages to the applicant, inclusive of interest up to judgment.