Ferreira & anor v Wollongong Spanish Club Pty Ltd & anor [2005] NSWADT 57

CITATION: Ferreira & anor v Wollongong Spanish Club Pty Ltd & anor [2005] NSWADT 57 DIVISION: Equal Opportunity Division APPLICANT Nivalda Ferreira FIRST RESPONDENT Wollongong Spanish Club Pty Ltd SECOND RESPONDENT PARTIES: Jose Arevalo APPLICANT Maria Sue Varga FIRST RESPONDENT Wollongong Spanish Club Pty Ltd SECOND RESPONDENT Jose Arevalo FILE NUMBER: 031134 & 031142 HEARING DATES: 5/10/2004-7/10/2004, 22/10/2004, 27/10/2004 & 11/11/2004 SUBMISSIONS CLOSED: 11/11/2004 DATE OF DECISION: 03/18/2005

BEFORE: Needham J - Judicial Member; Nemeth de Bikal L - Non Judicial Member; Gill M - Non Judicial Member APPLICATION: Sex Discrimination - In work - Sexual Harassment - In workplace - Victimisation MATTER FOR DECISION: Principal matter LEGISLATION CITED : Administrative Decisions Tribunal Act 1997 Anti-Discrimination Act 1977 Aldridge v. Booth (1988) 80 ALR 1 D v. Berkeley Challenge Pty Ltd [2001] NSWADT 92 CASES CITED: Hall v. Sheiban (1989) 20 FCR 217 R .v Equal Opportunity Board; ex parte Burns [1985] VR 317 Shaikh v. Commissioner, NSW Fire Brigades (1996) EOC 92-808 APPLICANTS REPRESENTATION: K Eastman, barrister RESPONDENTS: P Matters, agent ORDERS: ORDERS MADE 9/2/2005; In the matter of Ferreira:-; 1. Mrs Ferreira be awarded damages, jointly and severally against the two respondents, in the sum of $17,500; 2. Leave granted to either party to relist the matter to argue the matter of costs within 14 days of publishing the reasons for decision in the matter; if matter is not relisted, then respondents to pay one-half of the applicant's costs as agreed or assessed.; In the matter of Vega:-; 1. Application dismissed; 2. No order as to costs