NSW Caselaw
CITATION: Sharma v QSR Pty Ltd t/as KFC Punchbowl [2009] NSWADT 166
DIVISION: Equal Opportunity Division
APPLICANT J Sharma PARTIES: RESPONDENT QSR Pty Ltd t/as KFC Punchbowl
FILE NUMBER: 071102
HEARING DATES: 17,18 March 2008, 3 April 2008, 30 July 2008
SUBMISSIONS CLOSED: 30 July 2008
DATE OF DECISION: 30 June 2009
BEFORE: Smyth M - Judicial Member; Hayes E - Non-Judicial Member; Mooney L - Non-Judicial Member
CATCHWORDS: Sexual Harassment in workplace, Sex Discrimination in work
LEGISLATION CITED : Administrative Decisions Tribunal Act 1997Anti-Discrimination Act 1977 Evidence Act 1995
CASES CITED: Briginshaw v Briginshaw (1938) 60 CLR 336 Chand v Rail Corporation of NSW (No 2) [2009] NSWADTAP 27
APPLICANT P Elias, solicitor REPRESENTATION: RESPONDENT J Murphy, barrister
1.That the complaints of sexual harassment is substantiated in relation to the Bondi incident (Allegation 5) and the leg pulling incident (Allegation 10) alleged to have occurred on or about 9 and 10 May 2007. 2.That the complaints of sexual harassment are not substantiated in relation to the complainant's other allegations. ORDERS: 3.That the complaint of sex discrimination is substantiated in relation to the Bondi incident (Allegation 5) and the leg pulling incident (Allegation 10). 4.That the complaint of sex discrimination is not substantiated in relation to the complainant's other allegations. 5.That the respondent pay the applicant $15,000 in damages within 28 days.
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