Poniatowska v Hickinbotham [2009] FCA 680

FEDERAL COURT OF AUSTRALIA

Poniatowska v Hickinbotham [2009] FCA 680

HUMAN RIGHTS – sexual harassment – various allegations of conduct constituting sexual harassment – whether employee sexually harassed – whether conduct constituted "unwelcome conduct of a sexual nature" – whether claims made out on evidence

HUMAN RIGHTS – sex discrimination – female employee complained about sexual harassment in robust work environment – complaints dealt with inadequately – employee subsequently given warnings about unsatisfactory work performance – employment purportedly terminated on basis of unsatisfactory work performance – whether warnings about unsatisfactory work performance warranted in the circumstances – whether purported termination of employment for sufficient reason, or whether related to her complaints about sexual harassment – whether employer discriminated against employee on grounds of her sex Human Rights and Equal Opportunity Commission Act 1986 (Cth) ss 3, 46PH(1)(i), 46PO Sex Discrimination Act 1984 (Cth) ss 5, 14(2), 28A, 28B, 94 Racial Discrimination Act 1975 (Cth) Evidence Act 1995 (Cth) s 140 Aldridge v Booth (1988) 80 ALR 1 cited Leslie v Graham [2002] FCA 32 cited McDonald v State of South Australia [2008] SASC 134 cited Delooze v Healey [2007] WASCA 157 cited Koehler v Cerebos (Australia) Ltd (2005) 222 CLR 44 cited Russell v Trustees of the Roman Catholic Church for the Archdiocese of Sydney [2007] NSWSC 104 cited Russell v Trustees of the Roman Catholic Church for the Archdiocese of Sydney [2008] NSWCA 217 cited Van Efferen v CMA Corporation Limited [2009] FCA 597 followed Jones v Toben (2002)71 ALD 629 cited Jones v The Bible Believers' Church [2007] FCA 55cited

MALGORZATA BARBARA PONIATOWSKA v ALAN HICKINBOTHAM, MICHAEL HICKINBOTHAM, MARK FLYNN, ROZ SHARRAD, REMO LOTITO, HICKINBOTHAM HOMES PTY LTD and EMPLOYMENT SERVICES AUSTRALIA PTY LTD