Coleman -v- Bentley [2002] NSWADT 87

CITATION: Coleman -v- Bentley [2002] NSWADT 87 DIVISION: Equal Opportunity Division APPLICANT PARTIES: Wendy Coleman RESPONDENT Wayne Bentley FILE NUMBER: 011040 HEARING DATES: 22/10/2001, 05/11/2001 SUBMISSIONS CLOSED: 03/14/2002 DATE OF DECISION: 05/28/2002

BEFORE: Loukas C - Judicial Member; Clayton S - Member; Strickland J - Member APPLICATION: Sexual Harassment - In workplace MATTER FOR DECISION: Principal matter LEGISLATION CITED : Anti-Discrimination Act 1977 O'Callaghan v Loder (No 2) [1983] 3 NSWLR 89 CASES CITED: Hall v A & A Sheiban Pty Ltd (1989) 85 ALR 503 Spencer v Dowling (1996) EOC [92-851 APPLICANT REPRESENTATION: C Burge, barrister RESPONDENT No Appearance ORDERS: 1. Complaint substantiated; 2. The respondent pay the applicant within 21 days of the date of this decision the amount of $10,352.40; 3. No order as to costs

Background 1 On 23 January 1998 the Anti-Discrimination Board received a complaint from Ms Wendy Coleman alleging discrimination on the grounds of sexual harassment in employment. 2 Ms Coleman named Meat King Butchers and Mr Wayne Bentley as respondents in this matter. The Board wrote to both respondents. The Accountants for (W & S) The Meat King Butchers indicated that the Directors of the Company had entered into a Deed of Company arrangement in July 1998 and the assets of the Company had been sold to meet the arrangements with creditors. On 5 June 2000 Ms Coleman's solicitors notified the Board that she did not wish to proceed with the complaint against Meat King Butchers. No Response From Respondent 3 The Board wrote to Mr Bentley on the following dates; with the following responses: 19 August 1999 Letter returned to Board marked 'no such street number' 22 November 1999 Letter returned to Board marked 'unknown at this address' 9 June 2000 Letter returned to Board marked 'refused' 9 April 2001 Letter posted to Mr Bentley on 10 April 2001. Australia Post has confirmed that Mr Bentley signed for receipt of the letter on 11 April 2001. As at the date of referral to the Tribunal the Board had not received a response from Mr Bentley.