Sharma v QSR Pty Ltd t/as KFC Punchbowl (EOD)

Case

[2010] NSWADTAP 22

8 April 2010


Details
AGLC Case Decision Date
Sharma v QSR Pty Ltd t/as KFC Punchbowl (EOD) [2010] NSWADTAP 22 [2010] NSWADTAP 22 8 April 2010

CaseChat Overview and Summary

Sharma, the applicant, brought proceedings against QSR Pty Ltd, the respondent, in the Australian Human Rights Commission alleging sexual harassment and sex discrimination in the course of her employment with KFC, the respondent's franchise. The matter was heard by the Australian Capital Territory Civil and Administrative Tribunal, which found in Sharma's favour on both claims. The respondent appealed to the Federal Circuit Court, seeking leave to appeal on questions of law and on the merits. Sharma cross-appealed, seeking an increase in the damages awarded to her. The appeal by the respondent to extend to the merits was refused by the Court, which found that the appeal was not in the interests of justice, and the appeal on questions of law was dismissed. The cross-appeal by Sharma was also dismissed. The Court upheld the decision of the Tribunal in its entirety, including the award of damages. The orders made by the Court were that the appeal by the respondent to extend to the merits was refused, the appeal on questions of law was dismissed, and the cross-appeal by Sharma was dismissed. The decision of the Tribunal was affirmed.
Details

Areas of Law

  • Employment & Labour Law

Legal Concepts

  • Sexual Harassment

  • Sex Discrimination

  • Vicarious Liability

  • Compensatory Damages

  • Appeal

  • Jurisdiction

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Cases Citing This Decision

8

Brown v Bourke Bowling Club [2012] NSWADT 248
Cases Cited

17

Statutory Material Cited

2

Ormwave Pty Ltd v Smith [2007] NSWCA 210