Cooper v. Western Area Local Health Network [2012] NSWADT 39

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Cooper v. Western Area Local Health Network [2012] NSWADT 39 Hearing dates: 17 and 18 October 2011 Decision date: 09 March 2012 Jurisdiction: Equal Opportunity Division Before: J Needham SC, Deputy President N Hiffernan, Non-Judicial Member J McClelland, Non-Judicial Member Decision: 1.The applicant's complaint of sexual harassment is substantiated as against the second respondent. 2.The applicant's complaint of sexual harassment is dismissed as against the first respondent. 3.The second respondent is to pay the sum of $10,000 to the applicant. Catchwords: Anti-Discrimination - sexual harassment - provision by a co-worker of a document containing graphic descriptions of sexual acts - "conduct of a sexual nature" - not authorised by employer - employer took sufficient steps to avoid vicarious liability - damages. Legislation Cited: Anti-Discrimination Act 1977 Cases Cited: Hunt v Rail Corporation of New South Wales [2007] NSWADT 152 Sharma v. QS Pty Ltd t/as KFC Punchbowl (EOD) [2010] NSWADTAP 22 Dee v Commissioner of Police and Anor [2003] NSWADT 217 Hooper v Mt Isa Mines Ltd (1997) EOC 93-879 Purvis v State of New South Wales (2003) 217 CLR 92 Zenkova v Al Fahdawi [2010] NSWADT 272 Category: Principal judgment Parties: Catherine Cooper (Applicant) Western NSW Local Health Network (First Respondent) Colin Locke (Second Respondent) Representation: Counsel Mr Hutchings (First Respondent) Mr Manwaring (Second Respondent) Applicant in person McPhillamy & Co (First Respondent) Campbell Paton & Taylor (Second Respondent) File Number(s): 111032