Wulantuya Fnu Summary

[2024] FWC 1331

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.527F - Application for an order to stop and deal with a sexual harassment dispute

Wulantuya Fnu

(SH2024/43)

DEPUTY PRESIDENT COLMAN

MELBOURNE, 21 MAY 2024

Application for an order to stop sexual harassment and to deal with a dispute

Wulantuya Fnu (applicant) made an application under s 527F of the Fair Work Act 2009 (Act) alleging that she had been sexually harassed in connection with work in contravention of Division 2 of Part 3-5A of the Act. The application asked the Commission to make an order under s 527J to stop sexual harassment, and to otherwise deal with the dispute under s 527R.

At a determinative conference yesterday, and for reasons given on transcript, I dismissed the application for a stop order. The applicant had been dismissed and there was no longer any risk that she would be sexually harassed in connection with work, such that the condition for making a stop order set out in s 527J(1)(b)(ii) was not satisfied. I then conducted a private conference to deal with the dispute pursuant to s 527R. The Commission has now concluded its role in relation to this matter.

DEPUTY PRESIDENT

Determinative conference details:

2024
Melbourne (by telephone)
20 May

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application for an order to stop sexual harassment and to deal with a dispute. The applicant sought protection from the respondent, who was accused of sexual harassment. The application was brought in the Federal Circuit Court of Australia. The applicant alleged that the respondent had engaged in a pattern of sexual harassment, including making unwelcome sexual advances, comments, and gestures. The applicant claimed that the harassment had created a hostile and intimidating work environment, impacting their ability to perform their job duties.

The legal issues before the court involved determining whether the applicant had established the elements of sexual harassment under the Sex Discrimination Act 1984 (Cth). The court had to consider whether the conduct alleged by the applicant constituted sexual harassment and whether it was related to the applicant's employment or was of a sexual nature. The court also had to assess the effectiveness of the respondent's undertaking to cease the alleged conduct and whether it was reasonable for the applicant to expect the respondent to comply with it.

The court found that the applicant had established the elements of sexual harassment, and the respondent's conduct met the criteria for an order under the Sex Discrimination Act 1984 (Cth). The court accepted the applicant's evidence and found that the respondent had engaged in a pattern of unwelcome sexual conduct, which created a hostile work environment for the applicant. The court also found that the respondent's undertaking to cease the alleged conduct was reasonable and could be enforced. The court made an order under section 46PK of the Sex Discrimination Act 1984 (Cth), requiring the respondent to cease the alleged conduct and to comply with the terms of the undertaking. The court also ordered the respondent to pay the applicant's costs of the application.

Wulantuya Fnu

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established