Bettina Bysouth and City Family Hotel [1995] IRCA 84

INDUSTRIAL RELATIONS COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY

VI 2473 of 1994

BETWEEN:

BETTINA BYSOUTH Applicant

AND

city family hotel Respondent

REASONS FOR JUDGMENT (EX TEMPORE) (Revised from Draft Transcript)

28 February 1995 Judicial Registrar Fleming

In this matter a summary of the evidence is that the applicant was approached by a representative of the respondent on 14 October 1994 and invited to audition for a position as a dancer in the respondent's establishment. After successfully auditioning on 21 October 1994 the applicant and another woman were offered permanent employment on Friday and Saturday evenings between 12:00 midnight and 3:00am at $20.00 per hour. The applicant worked on 22 October, 28 October and 29 October. It is the applicant's evidence that on 22 October 1994 a representative of the respondent, who is known as Steve, made advances towards the applicant which were unsolicited. The applicant stated that Steve called her into his office and said "This is for you and you only" and he asked her to stand up and gave her a bear hug and "he pushed his penis up against me and it just didn't feel like a normal cuddle". He also brushed passed her in the corridor touching her left breast.

It is the further evidence of the applicant that the person known as Steve made derogatory comments on 22 October 1994 about the applicant and her family and about Aborigines and Kooris generally. The applicant gave further evidence that she complained to the head bouncer on 28 October 1994 about the so-called cuddle she had received from the person known as Steve and that this conversation was disclosed to Steve by the bouncer. The applicant gave evidence that on 29 October 1994 the representative of the respondent, Steve, said that this would be the applicant's last night as the management did not want any more dancers.