Suzanne Malone v Stance Global Pty Ltd

Suzanne Malone (the applicant) brought proceedings against Stance Global Pty Ltd (the respondent) in the Federal Court of Australia. The dispute concerned allegations of unlawful discrimination and harassment by the respondent against the applicant during her employment. The applicant sought damages and other remedies for the alleged contraventions of the *Fair Work Act 2009* (Cth) and the *Sex Discrimination Act 1984* (Cth).

The primary legal issues before the Court were whether the respondent had engaged in unlawful discrimination on the grounds of sex and whether the applicant had been subjected to sexual harassment in contravention of the relevant Commonwealth legislation. The Court was required to assess the evidence presented by both parties to determine if the applicant's claims were substantiated.

Justice McDonagh considered the evidence relating to the interactions between the applicant and her colleagues and supervisors. The Court applied the legal principles governing the assessment of discrimination and harassment claims, including the onus of proof and the definition of what constitutes unlawful conduct under the *Fair Work Act* and the *Sex Discrimination Act*. The Court found that the applicant had not discharged the onus of proving that the respondent had engaged in unlawful discrimination or sexual harassment as alleged.

Consequently, the Court ordered that the application be dismissed.