McCauley v Club Resort Holdings Pty Ltd (No 2)

The complainant, Robyn Louise McCauley, alleged that she was sexually harassed by Stephen Barrington, a fellow employee, and that her employer, Club Resort Holdings Pty Ltd, discriminated against her on the basis of sex and age, and also victimised her. The respondent, Club Resort Holdings Pty Ltd, argued that it was not liable for the acts of Mr Barrington because it had taken all reasonable steps to prevent the events complained of. Mr Barrington argued that he had not sexually harassed Ms McCauley or discriminated against her on the basis of sex or age. The central legal issues in the case were whether the respondent was vicariously liable for the acts of Mr Barrington, and whether Ms McCauley's claims of sexual harassment, discrimination and victimisation were proven on the balance of probabilities. The court found that Mr Barrington sexually harassed Ms McCauley and discriminated against her on the basis of sex and age, and that the respondent was vicariously liable for these acts. The court also found that the employer victimised Ms McCauley by mishandling her complaint and subsequently subjecting her to unwarranted disciplinary action. The court ordered Mr Barrington to pay $4,500 in compensation, and the respondent to pay $35,490 in compensation, subject to any payments to Centrelink required by the Social Security Act 1991. The monetary awards were inclusive and the total amount that Ms McCauley may recover was $35,490. Ms McCauley's claim for victimisation and the claims against the other respondents were dismissed.