Yelda v Sydney Water Corporation; Yelda v Vitality Works Australia Pty Ltd [2021] NSWCATAD 107

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Yelda v Sydney Water Corporation; Yelda v Vitality Works Australia Pty Ltd [2021] NSWCATAD 107 Hearing dates: 15, 16, 17 February 2021 Date of orders: 30 April 2021 Decision date: 30 April 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: Dr R Dubler SC, Senior Member Prof J Goodman-Delahunty, General Member Decision: In 2018/213657: (1) The Tribunal finds that the complaint against each respondent is substantiated. (2) The Tribunal orders the respondent to pay the applicant $100,000 by way of damages. (3) The applicant, if it wishes to apply for costs must file and serve any submissions and any evidence in support, within 14 days of the date of these orders. (4) The respondent is to file and serve any submissions and evidence in response within 14 days thereafter. (5) The applicant is to file any submissions in reply within 7 days thereafter. (6) Any submissions are 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. In 2018/213589: 1) The Tribunal finds that the complaint against each respondent is substantiated. (2) The Tribunal orders the respondent to pay the applicant $100,000 by way of damages. (3) The applicant, if it wishes to apply for costs must file and serve any submissions and any evidence in support, within 14 days of the date of these orders. (4) The respondent is to file and serve any submissions and evidence in response within 14 days thereafter. (5) The applicant is to file any submissions in reply within 7 days thereafter. (6) Any submissions are 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. Catchwords: HUMAN RIGHTS – anti-discrimination – damages arising out of found sexual harassment claim – appropriate award of damages for hurt feelings, psychological injury and past economic loss Legislation Cited: Anti-Discrimination Act 1977 (NSW) Sex Discrimination Act 1984 (Cth) Cases Cited: Alexander v Home Office [1998] 1 WLR 968 Allianz Australia Insurance Ltd v GSF Australia Pty Ltd (2005) 79 ALJR 1079 Chalker v Murrays Australia Pty Ltd [2017] NSWCATAD 112 Cooper v Western Area Local Health Network [2012] NSWADT 39 Elliott v Nanda & Commonwealth (2001) FCA 418 Franks v Marco's Italian Gourmet Cafe Pty Ltd & Anor [2004] NSWADT 87 Hughes v Car Buyers Pty Ltd (2004) 210 ALR 645 I & L Securities Pty Ltd v HTW Valuers (Brisbane) Pty Ltd (2002) 210 CLR 109 Johnson v Commissioner of Police [2004] NSWADT 198 Richardson v Oracle Corporation Australia Pty Ltd [2014] FCAFC 82 Lyttle v Everglades Country Club Ltd [2021] NSWCATAD 52 Robinson Helicopter Company Inc. v McDermott [2016] HCA 22 Sved v Council of the Municipality of Woollahra (1998) NSW Conv R 55-842 Tabet v Gett (2010) 240 CLR 537 Travel Compensation Fund v Robert Tambree t/as R Tambree & Associates (2005) 224 CLR 627 Triggell v Pheeney (1951) 82 CLR 497 Whiteoak v State of New South Wales [2014] NSWCATAD 45 Yelda v Sydney Water and Vitality Works [2019] NSWCATAD 203 Texts Cited: International Treaties: UN Convention on the Elimination of all forms of Discrimination against Women (18 December 1979) 1249 UNTS 13 Category: Principal judgment Parties: Reem Yelda (Applicant) Sydney Water Corporation (Respondent in 2018/213657) Vitality Works Australia Pty Ltd (Respondent in 2018/213589) Representation: Counsel: S Omeri (Applicant) K Edwards (Respondent in 2018/213589)