Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Kraus v Menzie [2012] FCA 3 Citation: Kraus v Menzie [2012] FCA 3
Parties: JADE XAVIER KRAUS; MARK MENZIE and THE TRUCK FACTORY PTY LTD
File number: SAD 209 of 2010
Judge: MANSFIELD J
Date of judgment: 11 January 2012
Catchwords: HUMAN RIGHTS – discrimination − sexual harassment − inappropriate conduct, gifts and multimedia text messaging
Legislation: Sexual Discrimination Act 1985 (Cth) Sex and Age Discrimination Amendment Act 2011 (Cth) Australian Human Rights Commission Act 1986 (Cth)
Cases cited: Elliott v Nanda (2001) 111 FCR 240
Date of hearing: 23, 24 and 25 August 2011, 30 August 2011, 11 October 2011 and 11 November 2011
Date of last submissions: 10 November 2011
Place: Adelaide
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 140
Counsel for the Applicant: P Heywood Smith QC
Solicitor for the Applicant: Duncan Basheer Hannon
Counsel for the Respondents: S Cole
Solicitor for the Respondents: Rossi Legal
IN THE FEDERAL COURT OF AUSTRALIA SOUTH AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION SAD 209 of 2010
BETWEEN: JADE XAVIER KRAUS
Applicant
AND: MARK MENZIE
First Respondent
THE TRUCK FACTORY PTY LTD
Second Respondent
JUDGE: MANSFIELD J DATE OF ORDER: 11 JANUARY 2012 WHERE MADE: ADELAIDE
THE COURT DECLARES THAT:
1. The respondents sexually harassed the applicant, contrary to s 28B of the Sex Discrimination Act 1984 (Cth) by the following conduct: 1.1 by the first respondent purchasing for the applicant, and insisting that she accept, certain Playboy underwear and pyjamas on or about 7 November 2009; 1.2 by the first respondent cajoling the applicant to undress to her underwear and to swim with him in the Port Wakefield River in the course of a working trip on or about 19 November 2009; 1.3 by the first respondent endeavouring to share a confined cabin bunk within the truck on a work journey from Mount Gambier to Adelaide on the night of 22-23 November 2009; 1.4 by the first respondent sending to the applicant text messages and images which were very coarse and sexually explicit on: 22 November 2009; 26 November 2009; 26 November 2009; and 1 December 2009; 1.5 by the first respondent giving to the applicant lingerie and other sexually suggestive Christmas gifts on about 18 December 2009.
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