Sabha v Australian Recoveries Limited ARL Collect Pty Ltd

This matter came before Manousaridis J of the Supreme Court of New South Wales. The applicant, Ms Sabha, commenced employment with Australian Recoveries Limited (ARL) as a debt collector. She alleged that shortly after commencing employment, her team leader, Mr John Skantzos, made discriminatory remarks to her, suggesting that her Indian accent and gender made her unsuitable for the role. Ms Sabha further alleged that Mr Skantzos subsequently engaged in a pattern of behaviour that amounted to harassment and created a hostile work environment, including questioning her about personal medical matters, instructing other new employees to avoid her, monitoring her calls, and deliberately disrupting her work.

The primary legal issues before the court were whether ARL, through the conduct of Mr Skantzos, had contravened the *Anti-Discrimination Act 1977* (NSW) by discriminating against Ms Sabha on the grounds of her race and sex, and whether the conduct constituted harassment in contravention of the same Act. The court was required to determine if the alleged statements and actions by Mr Skantzos were of a nature that would constitute unlawful discrimination or harassment in the workplace.

Manousaridis J considered the allegations made by Ms Sabha regarding the conversation with Mr Skantzos on 17 May 2019, where he allegedly stated her Indian accent and gender were reasons she was not suited for the role. The court also examined the subsequent alleged actions of Mr Skantzos, including his inquiries about Ms Sabha's health, his instructions to other employees, and his disruptive behaviour during her work. The court's reasoning would have involved assessing whether these actions, taken cumulatively, created an intimidating, hostile, or offensive environment for Ms Sabha, thereby constituting unlawful harassment under the *Anti-Discrimination Act 1977* (NSW). The principles applied would have centred on the interpretation of "race" and "sex" as protected attributes and the definition of "harassment" within the context of employment.