Vafa v Holdsworth; Vafa v University of Newcastle [2022] NSWCATAD 163

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Vafa v Holdsworth; Vafa v University of Newcastle [2022] NSWCATAD 163 Hearing dates: 24, 25, 26, 27, 28 May 2021, 11 August 2021 25 August 2021 (final submissions) Date of orders: 24 May 2022 Decision date: 24 May 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: A Britton, Deputy President Decision: (1) Allegation 8 of the complaint of sexual harassment as against A/Prof Holdsworth is substantiated. The balance of the complaint of sexual harassment as against A/Prof Holdsworth is not substantiated and is dismissed. (2) The complaint of sex discrimination as against the University is not substantiated and is dismissed. (3) The complaint of sex discrimination as against A/Prof Holdsworth is misconceived and is dismissed. (4) The complaint of victimisation made against the University is not substantiated and is dismissed. (5) The complaint of victimisation made against A/Prof Holdsworth is not substantiated and is dismissed. Catchwords: HUMAN RIGHTS – harassment – whether conduct was "other unwelcome conduct of a sexual nature" in s 22A(b) of Anti-Discrimination Act 1977 (NSW) HUMAN RIGHTS – victimisation – whether applicant was subjected to a "detriment" – whether applicant was subject to a detriment "on the ground" that she did, one of the things listed in s 50(1) of the Anti-Discrimination Act 1977 (NSW) or because the discriminator suspected that the applicant has done, or intended to do one of those things WORDS AND PHRASES – meaning of term "educational authority" in Anti-Discrimination Act 1977 (NSW) Legislation Cited: Anti-Discrimination Act 1977 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: Alcan (NT) Alumina Pty Ltd v Commissioner of Territory Revenue (2009) 239 CLR 27; [2009] HCA 41 Bonella v Wollongong City Council [2001] NSWADT 194 Bradshaw v McEwans Pty Ltd (1951) 217 ALR 1 Campbell v Campbell [2015] NSWSC 784 Chi v Technical and Further Education Commission (No 3) [2009] NSWADT 271 Dutt v Central Coast Area Health Service [2002] NSWADT 133 Ewin v Vergara (No 3) [2013] FCA 1311; (2013) 307 ALR 576 Federal Commissioner of Taxation v Consolidated Media Holdings (2012) 250 CLR 503; [2012] HCA 55 Ferreira & anor v Wollongong Spanish Club Pty Ltd & anor [2005] NSWADT 57 Fox v Percy [2003] HCA 22; (2003) 214 CLR 118 Glasgow City Council v Zafar [1997] UKHL 54; [1998] 2 All ER 953, 958 Haines v Leves (1987) 8 NSWLR 442 Hall v Sheiban [1989] FCA 72; (1989) 20 FCR 217 Longman v R (1989) 89 ALR 161 Lord Pearce in Onassis v Vergottis [1968] 2 Lloyd's Rep 403 Marshall v Prescott [2015] NSWCA 110 Nicholls & Nicholls v Director-General Department of Education and Training (No 2) [2009] NSWADTAP 20 Nominal Defendant v Smith [2015] NSWCA 339 Penhall-Jones v New South Wales [2007] FCA 925 Secretary, Department of Communities and Justice v Tebb [2020] NSWCATAP 179 Sharma v Legal Aid (Qld) [2002] FCAFC 196; (2002) 115 IR 91 Sivananthan v Commissioner of Police [2001] NSWADT 44 TB v New South Wales [2015] NSWSC 575 Tebb v State of NSW [2020] NSWCATAD 85 Vitality Works Australia Pty Ltd v Yelda (No 2) [2021] NSWCA 14 Watson v Foxman (1995) 49 NSWLR 315 Texts Cited: Macquarie Dictionary Oxford Dictionary Category: Principal judgment Parties: Elham Vafa (Applicant) John Holdsworth (First Respondent) University of Newcastle (Second Respondent) Representation: Counsel: R Kumar (Applicant) V Bulut (Respondents)