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

The applicant, Yelda, brought claims against Sydney Water Corporation and Vitality Works Australia Pty Ltd, alleging that the display of a poster featuring her image at the workplace constituted sexual harassment and sex discrimination. The dispute was heard by the Anti-Discrimination Tribunal of New South Wales. The primary issues before the tribunal were whether the conduct involving the display of the poster constituted unwelcome conduct of a sexual nature, thereby amounting to sexual harassment, and whether the depiction of the applicant on the poster and its display amounted to sex discrimination under the Anti-Discrimination Act 1977 (NSW).

In its reasoning, the tribunal found that the display of the poster with the applicant's image did indeed constitute sexual harassment, as it involved unwelcome conduct of a sexual nature. The tribunal considered the context and content of the poster, which was seen as objectifying the applicant and potentially intimidating or offensive to her. Furthermore, the tribunal concluded that the depiction of the applicant on the poster and its display amounted to unfavourable treatment on the ground of sex, thus constituting sex discrimination. The tribunal emphasised the importance of maintaining a respectful and professional workplace environment and the need to prevent such conduct that may create a hostile work environment.

As a result of the findings, the tribunal determined that the respondents had contravened sections 22B and 25(2)(c) of the Anti-Discrimination Act 1977 (NSW). The tribunal ordered that the respondents must approach the Registrar to arrange a date for the matter to be listed for further directions to timetable a hearing on damages in respect of the found contravention of section 22B of the Act.