Kennedy v ADI Ltd

[2001] FCA 614

FEDERAL COURT OF AUSTRALIA

Kennedy v ADI Ltd [2001] FCA 614

DOROTHY JOY KENNEDY  v  ADI LIMITED (ACN 008 642 751)

RYAN J
MELBOURNE
25 MAY 2001

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY	V512 of 2000

BETWEEN:	DOROTHY JOY KENNEDY Applicant
AND:	ADI LIMITED (ACN 008 642 751) Respondent
JUDGE:	RYAN J
DATE OF ORDER:	25 MAY 2001
WHERE MADE:	MELBOURNE

THE COURT ORDERS:

1.        THAT the application be dismissed.

2.THAT the applicant have leave to file and serve by 8 June 2001 submissions in writing confined to the issue of what order (if any) should be made, in the light of the reasons published this day, in respect of the costs of the application.

3.THAT any written submissions in answer to those filed and served pursuant to paragraph 2 of this Order, be filed and served by 15 June 2001.

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	V512 of 2000

BETWEEN:	DOROTHY JOY KENNEDY Applicant
AND:	ADI LIMITED (ACN 008 642 751) Respondent

JUDGE:	RYAN J
DATE:	25 MAY 2001
PLACE:	MELBOURNE

REASONS FOR JUDGMENT

1. There is before the Court an application pursuant to s 46PO of the Human Rights and Equal Opportunity Commission Act 1986 (“the HREOC Act”), alleging unlawful discrimination by the respondent (“ADI”) against the applicant, Ms Kennedy. The acts of discrimination of which the applicant complained, were said to be unlawful in contravening the Sex Discrimination Act 1984 (“the SDA”). By her application, the applicant sought an apology from ADI and compensation in the sum of $150,000.

2. The applicant had earlier, on 25 February 2000, made a complaint to the Equal Opportunity Commission (“the Commission”) against ADI alleging “sexual harassment and discrimination on the basis of sex in employment”.  The accompanying statement of complaint was in the following terms;

   “In 1996 I was employed by Australian Defence Industries Pty Ltd (‘ADI’) as an Accountant.

   While I was working I often heard male employees say that they had had sex with female employees.  These comments made me very uncomfortable.

   On one such occasions, I heard an employee, Arthur Godfrey, tell another male employee that he had sex with a female employee.

   On another occasion I heard one male employee say to another, “she’s the one to pluck”.  I understand the male employee was referring to me when he made this comment.

   As a result of this treatment I resigned in writing from ADI in March 1996.

   I applied for social security which reduced my income.  This made it difficult to raise my two sons.

   Consequently I believe that I have been sexually harassed and discriminated against on the basis of sex in employment.

   I was not aware of my rights under equal opportunity legislation until recently and that is why I have not complained until now.”

3. After reviewing the complaint, a delegate of the President of the Commission on 15 June…