Morton v Commonwealth Scientific and Industrial Research Organisation (No 2)

In the case of Morton v Commonwealth Scientific and Industrial Research Organisation (No 2), the applicant, Dr Morton, brought proceedings against the respondent, the Commonwealth Scientific and Industrial Research Organisation (CSIRO), in the Federal Court of Australia. The applicant alleged that she was subjected to adverse action, including sexual harassment and sex discrimination, due to her sex or sexual orientation, and that she was subjected to adverse action because she exercised or proposed to exercise workplace rights. The applicant further claimed that the adverse action was taken or threatened with intent to coerce her not to exercise workplace rights. The case involved complex legal issues, including the interaction between the Fair Work Act 2009 (Cth) and the Sex Discrimination Act 1984 (Cth), as well as the issue of the respondent's vicarious liability for the acts committed by its employees.

The court was required to determine the credibility and reliability of Dr Morton's evidence, which was central to her allegations. The court found that, except to the extent that it was adequately corroborated, Dr Morton's evidence was not credible or reliable. The court identified several categories of discrepancies and inconsistencies in Dr Morton's evidence, including discrepancies between her reporting of her level of psychiatric functioning and her presentation in the witness box, as well as her failure to make timely complaints about the alleged sexual harassment and sex discrimination. The court also found inconsistencies between Dr Morton's evidence and that of other witnesses whose evidence was considered credible and reliable.

The court dismissed the applicant's claims and ordered the respondent to pay the applicant $1,000 by way of compensation for its contravention of section 340(1) of the Fair Work Act. The court further ordered the parties to provide written submissions on the questions of any penalty, other orders and costs on dates to be fixed. The proceeding was otherwise dismissed.