X -v- Y & anor [2000] NSWADT 122

CITATION: X -v- Y & anor [2000] NSWADT 122 DIVISION: Equal Opportunity Division APPLICANT X

PARTIES: FIRST RESPONDENT Y

SECOND RESPONDENT Z FILE NUMBER: 991030 HEARING DATES: 23, 24 & 25/02/2000; 17 & 18/04/2000; 17 & 18/05/2000 SUBMISSIONS CLOSED: 06/05/2000 DATE OF DECISION: 09/01/2000

BEFORE: Ireland G - Judicial Member; Clayton S - Member; Cox R - Member APPLICATION: Sexual Harassment - In workplace MATTER FOR DECISION: Principal matter LEGISLATION CITED : Anti-Discrimination Act 1977 CASES CITED: APPLICANT A Healey, barrister FIRST RESPONDENT REPRESENTATION: R St John QC with K Roser, barristers

SECOND RESPONDENT No appearance ORDERS: (1) The Second Respondent, within seven days of receiving written advice from Mrs X's solicitors of this direction, to send to Mrs X a letter of apology for his acts of sexual harassment towards her while she was employed at the Motel. The Second Respondent shall send that apology by certified prepaid post addressed to Mrs X care of the address of her solicitor ; (2) The First Respondent and the Second Respondent pay to Mrs X an amount of $16,710.00 ; (3) The liability of the First and Second Respondents to pay the amount of $16,710.00 is joint and several. The Applicant is entitled to recover the full amount awarded from either respondent. The Tribunal will assess the respective contributions to be made between the respondents after application by either respondent to the Registrar to fix a date for hearing the application ; (4) It is noted that the amount of $16,710.00 comprises the following awards: (i) $12,000.00 for general damages; (ii) $1,300.00 for loss of earnings; and (iii) $3,410.00 for medical treatment ; (5) Mrs X to apply the amount awarded for medical treatment towards treatment from a psychologist or psychiatrist of her choice ; (6) If the parties to this enquiry are unable to agree upon an award and an assessment of the costs of this enquiry and the hearing on 24 September 1999 within a period of 21 days of the date of this decision, any one of the parties is at liberty to apply to the Registrar to fix a date for hearing an application by the Tribunal to determine the question of those costs.