Treglown v Eliam Pty Limited and anor [2010] NSWADT 196

CITATION: Treglown v Eliam Pty Limited and anor [2010] NSWADT 196

DIVISION: Equal Opportunity Division

Applicant: Jamie-Lea Treglown PARTIES: Respondent: Elliam Pty Limited and Daniel Riley

FILE NUMBER: 091022

HEARING DATES: 2 November 2009 24 February 2010

SUBMISSIONS CLOSED: 24 February 2010

DATE OF DECISION: 4 August 2010

BEFORE: Perrignon R - Judicial Member; Schneeweiss J - Non-Judicial Member ; Weule B - Non-Judicial Member

CATCHWORDS: Sexual harrassment by employer or workplace participant – comments made in workpace - whether unwelcome – whether of a sexual nature – whether made in relation to the Applicant – whether a reasonable person would have anticipated the Applicant would be offended, humilated or intimidated – whether a director of the employer company was a 'workplace participant'

LEGISLATION CITED : Anti-Discrimination Act 1977

Aldridge v Booth (1988) 80 ALR 1 CASES CITED: Carter v Linuki Pty Limited [2005] NSWADTAP 40 Elliott v Nanda (2001) 111 FCR 240 Jones v Dunkell [1959] 101 CLR 298

Applicant Representative: D Spencer, solicitor REPRESENTATION: Respondent Representative: A Riley (First Respondent) D Riley (Second Respondent)

ORDERS: Pursuant to section 108 of the Anti-Discrimination Act 1977, the complaint of sexual harassment is dismissed

REASONS FOR DECISION

1 From 17 December 2006 to 28 March 2008, the Applicant Ms Treglown worked at the Gloria Jeans Coffee Shop at Westfield, Tuggerah Lakes. Though paid at casual rates, she was employed on a part-time basis by the First Respondent, Elliam Pty Limited ('the company'). The company's directors and shareholders were Mr and Mrs Riley. Mrs Riley is also the company secretary. Mr Riley is the Second Respondent.