A -V- Mayhew Trading As Bangor Video [1998] NSWEOT

Equal Opportunity Tribunal of New South Wales

CITATION: A -V- Mayhew Trading As Bangor Video [1998] NSWEOT

COMPLAINANT: A

RESPONDENT: Mayhew trading as Bangor Video

NUMBER: 99 of 1998

Prof N Rees ( Judicial Member ) TRIBUNAL: Ms L Mooney Mrs J Strickland

GROUNDS OF COMPLAINT:

DATES OF HEARING: 09/14/1998 DATE OF JUDGMENT: 09/14/1998

Complainant: Mr D Hillard, Clayton Utz LEGAL REPRESENTATIVES: Respondent: Self Represented

JUDGMENT IN FAVOUR OF: Complainant

CHAIRPERSON: The Complainant has a lodged a complaint of sexual harassment against her former employer, Mr Stuart Mayhew trading as Bangor Video. The complaint falls within section 22B (1) of the Anti Discrimination Act 1977 .

The Complainant alleges that a course of behaviour which constituted sexual harassment commenced in August 1997 and continued until 19 January 1998 when the Complainant, through her mother, resigned from her employment with the Respondent. We note that the Complainant's mother, who was also employed by the respondent at his video shop, resigned on the same day.

The Complainant alleges that from August 1997 until she ceased her employment, a number of conversations which were initiated by the Respondent involved unwelcome conduct of a sexual nature. These conversations ranged from suggestions of the offer of a birthday and Christmas kiss to various comments concerning whether the Complainant had forgotten to put on her underpants and to what colour underpants she was wearing.

In general terms there is no dispute between the parties that these conversations took place. The point in issue is the construction that should be put on them. The Respondent says that they were nothing more than light hearted banter. The Complainant alleges that they constituted unwelcome conduct of a sexual nature. Sexual harassment is defined in section 22A of the Act: "For the purposes of this Part, a person sexually harasses another person if: