X v Y & Anor - [2000] NSWADT 122

CITATION: X -v- Y & anor [2000] NSWADT 122

DIVISION: Equal Opportunity Division

PARTIES:
APPLICANT
X
FIRST RESPONDENT
Y
SECOND RESPONDENT
Z

FILE NUMBER: 991030

HEARING DATES: 23, 24 & 25/02/2000; 17 & 18/04/2000; 17 & 18/05/2000

SUBMISSIONS CLOSED: 06/05/2000

DATE OF DECISION:
09/01/2000

BEFORE: Ireland G - Judicial Member; Clayton S - Member; Cox R - Member

APPLICATION: Sexual Harassment - In workplace

MATTER FOR DECISION: Principal matter

LEGISLATION CITED: Anti-Discrimination Act 1977

CASES CITED:

REPRESENTATION:
APPLICANT
A Healey, barrister
FIRST RESPONDENT
R St John QC with K Roser, barristers
SECOND RESPONDENT
No appearance

ORDERS: (1) The Second Respondent, within seven days of receiving written advice from Mrs X’s solicitors of this direction, to send to Mrs X a letter of apology for his acts of sexual harassment towards her while she was employed at the Motel. The Second Respondent shall send that apology by certified prepaid post addressed to Mrs X care of the address of her solicitor ; (2) The First Respondent and the Second Respondent pay to Mrs X an amount of $16,710.00 ; (3) The liability of the First and Second Respondents to pay the amount of $16,710.00 is joint and several. The Applicant is entitled to recover the full amount awarded from either respondent. The Tribunal will assess the respective contributions to be made between the respondents after application by either respondent to the Registrar to fix a date for hearing the application ; (4) It is noted that the amount of $16,710.00 comprises the following awards: (i) $12,000.00 for general damages; (ii) $1,300.00 for loss of earnings; and (iii) $3,410.00 for medical treatment ; (5) Mrs X to apply the amount awarded for medical treatment towards treatment from a psychologist or psychiatrist of her choice ; (6) If the parties to this enquiry are unable to agree upon an award and an assessment of the costs of this enquiry and the hearing on 24 September 1999 within a period of 21 days of the date of this decision, any one of the parties is at liberty to apply to the Registrar to fix a date for hearing an application by the Tribunal to determine the question of those costs.

Background

1 This was an enquiry into a complaint of sexual harassment of the Applicant by the Second Respondent during the Applicant’s periods of employment with the First Respondent, at “the Motel”.

2 The hearing of the enquiry was conducted jointly with the hearing of an enquiry into a complaint by Mrs V of sexual harassment by the Second Respondent during the period of Mrs V’s employment with the First Respondent at the Motel.

3 A number of common factors applied to the two complaints. The common issues have been covered in the decision of the Tribunal in relation to the complaint of Mrs V and will not be repeated in this decision except where necessary for continuity or completeness.

History of the complaint

4 Mrs X was employed at the Motel as a…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading X v Y & Anor

Details

AGLC: X v Y & Anor [2000] NSWADT 122
Case: [2000] NSWADT 122
Decision Date: 09/01/2000

CaseChat Overview and Summary

In the matter of X v Y & Anor, the dispute involved an allegation of sexual harassment against the Second Respondent by the Applicant, Mrs X, during her employment at the Motel. The First Respondent was also implicated in the proceedings. The case was heard by the Industrial Relations Court of Queensland, which had to determine various legal issues related to the alleged harassment and the subsequent claims made by Mrs X.

The primary legal issues before the court were whether the Second Respondent engaged in acts of sexual harassment towards Mrs X and if so, the extent of the damages owed to her. The court had to consider the evidence presented regarding the nature and impact of the alleged harassment, as well as the appropriate compensation to be awarded to Mrs X for her general damages, loss of earnings, and medical treatment. Additionally, the court needed to address the question of costs between the parties, should they be unable to agree on the matter.

In its reasoning, the court found that the Second Respondent did indeed engage in acts of sexual harassment towards Mrs X, which had a significant impact on her. The court awarded Mrs X $12,000.00 for general damages, $1,300.00 for loss of earnings, and $3,410.00 for medical treatment. The total award of $16,710.00 was to be paid jointly and severally by the First and Second Respondents. The Second Respondent was also required to send a letter of apology to Mrs X. The court further noted that the medical treatment award should be applied towards psychological or psychiatric treatment of Mrs X’s choice. Lastly, the court outlined the process for determining costs if the parties could not reach an agreement.

The final orders of the court included the requirement for the Second Respondent to send a letter of apology to Mrs X, the payment of $16,710.00 in compensation by the First and Second Respondents jointly and severally, and the application of the medical treatment award towards psychological or psychiatric treatment. The court also provided a mechanism for the determination of costs if the parties could not agree.

Orders

Orders of the court

(1) The Second Respondent, within seven days of receiving written advice from Mrs X’s solicitors of this direction, to send to Mrs X a letter of apology for his acts of sexual harassment towards her while she was employed at the Motel. The Second Respondent shall send that apology by certified prepaid post addressed to Mrs X care of the address of her solicitor ; (2) The First Respondent and the Second Respondent pay to Mrs X an amount of $16,710.00 ; (3) The liability of the First and Second Respondents to pay the amount of $16,710.00 is joint and several. The Applicant is entitled to recover the full amount awarded from either respondent. The Tribunal will assess the respective contributions to be made between the respondents after application by either respondent to the Registrar to fix a date for hearing the application ; (4) It is noted that the amount of $16,710.00 comprises the following awards: (i) $12,000.00 for general damages; (ii) $1,300.00 for loss of earnings; and (iii) $3,410.00 for medical treatment ; (5) Mrs X to apply the amount awarded for medical treatment towards treatment from a psychologist or psychiatrist of her choice ; (6) If the parties to this enquiry are unable to agree upon an award and an assessment of the costs of this enquiry and the hearing on 24 September 1999 within a period of 21 days of the date of this decision, any one of the parties is at liberty to apply to the Registrar to fix a date for hearing an application by the Tribunal to determine the question of those costs.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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CITATION:	X -v- Y & anor [2000] NSWADT 122
DIVISION:	Equal Opportunity Division
PARTIES:	APPLICANT X FIRST RESPONDENT Y SECOND RESPONDENT Z
FILE NUMBER:	991030
HEARING DATES:	23, 24 & 25/02/2000; 17 & 18/04/2000; 17 & 18/05/2000
SUBMISSIONS CLOSED:	06/05/2000
DATE OF DECISION:	09/01/2000
BEFORE:	Ireland G - Judicial Member; Clayton S - Member; Cox R - Member
APPLICATION:	Sexual Harassment - In workplace
MATTER FOR DECISION:	Principal matter
LEGISLATION CITED:	Anti-Discrimination Act 1977
CASES CITED:
REPRESENTATION:	APPLICANT A Healey, barrister FIRST RESPONDENT R St John QC with K Roser, barristers SECOND RESPONDENT No appearance
ORDERS:	(1) The Second Respondent, within seven days of receiving written advice from Mrs X’s solicitors of this direction, to send to Mrs X a letter of apology for his acts of sexual harassment towards her while she was employed at the Motel. The Second Respondent shall send that apology by certified prepaid post addressed to Mrs X care of the address of her solicitor ; (2) The First Respondent and the Second Respondent pay to Mrs X an amount of $16,710.00 ; (3) The liability of the First and Second Respondents to pay the amount of $16,710.00 is joint and several. The Applicant is entitled to recover the full amount awarded from either respondent. The Tribunal will assess the respective contributions to be made between the respondents after application by either respondent to the Registrar to fix a date for hearing the application ; (4) It is noted that the amount of $16,710.00 comprises the following awards: (i) $12,000.00 for general damages; (ii) $1,300.00 for loss of earnings; and (iii) $3,410.00 for medical treatment ; (5) Mrs X to apply the amount awarded for medical treatment towards treatment from a psychologist or psychiatrist of her choice ; (6) If the parties to this enquiry are unable to agree upon an award and an assessment of the costs of this enquiry and the hearing on 24 September 1999 within a period of 21 days of the date of this decision, any one of the parties is at liberty to apply to the Registrar to fix a date for hearing an application by the Tribunal to determine the question of those costs.