Hughes v Narrabri Bowling Motel Limited

Case

[2012] NSWADT 161

09 August 2012


Details
AGLC Case Decision Date
Hughes v Narrabri Bowling Motel Limited [2012] NSWADT 161 [2012] NSWADT 161 09 August 2012

CaseChat Overview and Summary

In the Fair Work Commission, Hughes filed a complaint against Narrabri Bowling Motel Limited, alleging sexual harassment by Mr Welsh, victimisation by Mrs Welsh, and vicarious liability by the motel. The applicant claimed general damages for the harassment, victimisation, and vicarious liability. The central legal issues before the Commission were whether the applicant had been sexually harassed by Mr Welsh, victimised by Mrs Welsh, and whether the motel was vicariously liable for the actions of Mr Welsh. The Commission found that the complaint of sexual harassment by Mr Welsh in August 2010 was substantiated, while the complaints of harassment between January and August 2010 were dismissed. The complaint of victimisation by Mrs Welsh was also dismissed. The motel's vicarious liability for Mr Welsh's actions was rejected. The Commission ordered Mr Welsh to pay the applicant $7,500 within 28 days for the substantiated complaint of sexual harassment. The other complaints were dismissed with no further orders.
Details

Areas of Law

  • Employment & Labour Law

Legal Concepts

  • Sexual Harassment

  • Compensatory Damages

  • Vicarious Liability

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Cases Citing This Decision

4

Cases Cited

8

Statutory Material Cited

2

Caton v Richmond Club Limited [2003] NSWADT 202