Vibeke Vistisen v Sydney South West Area Health Service [2007] NSWIRComm 215

Industrial Court of New South Wales

CITATION: Vibeke Vistisen v Sydney South West Area Health Service [2007] NSWIRComm 215 This decision has been amended. Please see the end of the judgment for a list of the amendments.

APPLICANT: Vibeke Vistisen PARTIES: RESPONDENT: Sydney South West Area Health Service

FILE NUMBER(S): IRC 4795 of 2004

CORAM: Haylen J

CATCHWORDS: Unfair contract - Industrial Relations Act 1996 - s 106 - temporary employment in Drug Diversion Programme - period of employment limited by visa provisions to three months with any one employer - alleged sexual harassment by supervisor - supervisor holds out promotions and support for visa extension on condition that applicant provides sexual favours - applicant rejects sexual advances but expects appointment to promotional positions and support for visa extension - applicant lodges complaint against supervisor - complaint investigated and applicant transferred to other employment - applicant alleges alternative employment does not use her skills - shortly after lodging complaint applicant claims stress and inability to continue work - no return to work before temporary employment comes to an end - workers compensation claim based on stress rejected by insurer - applicant continues to suffer stress, anxiety and psychological conditions - complaint of sexual harassment denied by supervisor - investigation unable to determine if allegation or denials established - claims for promotional position represented by supervisor to be paid to applicant - payment for absence from work claimed - payment claimed for stress and psychological conditions - claims not made out against respondent - no relevant conduct or representations by employer - unfairness established in relation to non-payment of period of absence caused by stress and anxiety