Adams -V- Helios Electroheat Pty. Limited [1996] NSWEOT

Equal Opportunity Tribunal of New South Wales

CITATION: Adams -V- Helios Electroheat Pty. Limited [1996] NSWEOT

COMPLAINANT: Ms Ruth Louise Adams

First Respondent Helios Electroheat Pty. Limited RESPONDENT: Second Respondent Mr David Baker

NUMBER: 55 of 1995

G Ireland ( Judicial Member ) TRIBUNAL: L Mooney J Strickland

GROUNDS OF COMPLAINT: Discrimination on the ground of sex (sexual harassment) in the area of employment

DATES OF HEARING: 02/28/1996; 02/29/1996; 04/11/1996; 04/12/1996; 06/17/1996 DATE OF JUDGMENT: 09/25/1996

Complainant: Mr W Adams (28 & 29 February 1996) Mr J Kells (11 & 12 April 1996)

Respondent: First Respondent LEGAL REPRESENTATIVES: Mr D Gardner Cutler Hughes & Harris

Second Respondent Mr C Blackmore Booth Mather & Blackmore Ms V Lydiard

JUDGMENT IN FAVOUR OF:

This complaint is referred to the Tribunal for enquiry by the President of the Anti-Discrimination Board pursuant to section 94(1), following an unsuccessful attempt to conciliate the complaint.

The complaint is brought under Part 3 of the Anti-Discrimination Act 1977 ("the Act") which renders unlawful discrimination against another person on the ground of sex if, on the ground of the aggrieved person's sex the perpetrator treats the aggrieved person less favourably in the same circumstances, or in circumstances which are not materially different, the perpetrator treats or would treat a person of the opposite sex, and in the case of employment, the discrimination occurs in circumstances which fall within situations dealt with in section 25. The application of these provisions to the allegations in the complaint will be dealt with in detail later.