Yelda v Sydney Water Corporation; Yelda v Vitality Works Australia Pty Ltd

The case of Yelda v Sydney Water Corporation and Yelda v Vitality Works Australia Pty Ltd was before the Civil and Administrative Tribunal of New South Wales, where the applicant sought damages for sexual harassment and psychological injury. The applicants, Yelda, alleged that they were subjected to sexual harassment by their employers, Sydney Water Corporation and Vitality Works Australia Pty Ltd. The applicants sought damages for hurt feelings, psychological injury and past economic loss. The tribunal was required to decide whether the complaints of sexual harassment were substantiated and, if so, what appropriate damages should be awarded.

The tribunal found that the complaints against both respondents were substantiated. The tribunal considered the evidence and testimony provided by the applicants and concluded that the respondents had engaged in conduct that amounted to sexual harassment. The tribunal also considered the impact of the harassment on the applicants, including the psychological injury and past economic loss suffered. The tribunal found that the applicants were entitled to damages for the harm caused by the harassment. The tribunal ordered each respondent to pay the applicants $100,000 in damages.

The tribunal further ordered that if the applicants wished to apply for costs, they must file and serve any submissions and any evidence in support within 14 days of the date of these orders. The respondents were to file and serve any submissions and evidence in response within 14 days thereafter. The applicants were to file any submissions in reply within 7 days thereafter. Any submissions were to include submissions on the issue of whether an order should be made pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW), dispensing with a hearing of the costs application. The tribunal made similar orders in both cases, 2018/213657 and 2018/213589.