Vercoe -v- AMP Shopping Centres Pty Limited and Hardy [1999] NSWADT 89

CITATION: Vercoe -v- AMP Shopping Centres Pty Limited and Hardy [1999] NSWADT 89

DIVISION: Equal Opportunity

APPLICANT: Maureen Vercoe

RESPONDENT: AMP Shopping Centres Pty Limited (First Respondent) Ian Hardy (Second Respondent)

FILE NUMBER: 991052

HEARING DATES: 08/24/1999

SUBMISSIONS CLOSED: 08/24/1999

DATE OF DECISION: 17 September 1999

N Hennessy - Deputy President BEFORE: S Bullock - Member M Luger - Member

PRIMARY LEGISLATION: Anti-Discrimination Act 1977

APPLICATION: Sexual Harassment - Employment; Victimisation -

MATTER FOR DECISION: Application for security of costs

Applicant: J Woodward, solicitor, JJ Woodward & Co REPRESENTATION: Respondent: J Oakley of counsel instructed by Minter Ellison

ORDERS: 1. Notice of Motion dismissed. 2. No order as to costs.

Background 1 These proceedings concern a Notice of Motion filed with the Tribunal on 6 August 1999 seeking an order that the complainant provide security for the respondent's costs in the sum of $31,875.00 or such other amount as the Tribunal determines. 2 The applicant in relation to the Notice of Motion, AMP Shopping Pty Limited and Mr Hardy, are the respondents in proceedings before the Equal Opportunity Division of this Tribunal. The respondent to the Notice of Motion, Ms Vercoe, is the complainant in those proceedings. As this decision relates to the Notice of Motion, AMP Shopping Pty Limited and Mr Hardy will be referred to as the applicants and Ms Vercoe will be referred to as the respondent. 3 The respondent lodged a complaint of sexual harassment against the applicants with the Anti-Discrimination Board on 8 September 1998. The respondent alleged that Mr Hardy, an employee of AMP Shopping Pty Ltd, had sexually harassed her. A victimisation complaint was lodged on 20 October 1998 on the ground that her employment had been terminated because she had lodged a complaint. The President declined both complaints and the respondent subsequently exercised her right to have both matters referred to the Tribunal for hearing.