NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: AWU, NSW (on behalf of Grahovac) v BlueScope Steel [2009] NSWIRComm 86 This decision has been amended. Please see the end of the judgment for a list of the amendments.
PARTIES: Australian Workers' Union, NSW Branch (on behalf of Mr Vasilije Grahovac) BlueScope Steel
FILE NUMBER(S): 362 & 363 of 2009
CORAM: Grayson DP
Industrial dispute - Unfair dismissal - Alleged sexual harassment of fellow employee - Company EEO and Anti-Discrimination policy applied - Policy underpinned by operation of Anti-Discrimination Act and Occupational Health and Safety Act - Commission obliged in exercise of functions to take relevant priciples into account - Efficacy of disciplinary investigation process - No suggestion that Company was other than scrupulously fair in that regard - Allegation of sexual harassment denied by applicant throughout investigation and on oath - Complainant unshaken in evidence - Complainant's version of events supported by evidence of others including qualified psychologist - Presentation and demeanour consistent with someone who had undergone traumatic experience - Stark contrast to easy going and upbeat personality normally displayed in workplace - Allegation complainant motivated by malice rejected - Complainant's dealings with applicant courteous and friendly at all times prior to alleged incident - Previous gestures of familiarity regarded by complainant as paternal in nature and not sexual CATCHWORDS: Held - Allegation proved to required standard - Nature of sexual harassment such as to justify summary dismissal - Application dismissed
Anti-Discrimination Act 1977 LEGISLATION CITED: Occupational Health and Safety Act 1983 Industrial Relations Act 1996
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate