ABC v DEF Restaurant and GHI [2014] NSWCATAD 140

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: ABC v DEF Restaurant and GHI [2014] NSWCATAD 140 Hearing dates: 15 July 2014 Decision date: 16 September 2014 Jurisdiction: Administrative and Equal Opportunity Division Before: A Scahill, Senior Member A Limbury, General Member, A Lowe, General Member Decision: 1. The Tribunal awards the sum of $5,000 to the Applicant against each of the Respondents, GHI and PQR as proprietor of the DEF restaurant, for the breaches made out by her of the Anti-Discrimination Act. That is a total of $10,000. 2. In accordance with the practice of the tribunal, the tribunal makes no order as to costs. Catchwords: Sexual harassment, vicarious liability Legislation Cited: Anti-Discrimination Act 1977 Civil and Administrative Tribunal Act 2013 Evidence Act 1995 Cases Cited: Caton v Richmond Club Limited [2003] NSWADT 202 Franks v Marco's Italian Gourmet Cafe Pty Ltd & Anor [2004] NSWADT 87 Shellharbour Golf Club v. Wheel (1999) NSWSC 224 Category: Principal judgment Parties: ABC (Applicant) DEF Restaurant (1st Respondent) GHI (2nd Respondent) Representation: Dear Loneragan and Hogan (Applicant) Flynns Solicitors (2nd Respondent) File Number(s): 131105

reasons for decision

The Application 1ABC was employed as a casual kitchen hand at the DEF restaurant in a town in western NSW commencing in February 2010. 2She lodged a complaint with the Anti-Discrimination Board of New South Wales through her legal representative on 17 May 2013. That complaint alleged that she had been sexually harassed in employment by her boss GHI on 31 July 2012. 3The President of the Anti-Discrimination Board investigated the complaints and referred them to the Equal Opportunity Division of this Tribunal pursuant to s 93C of the Anti-Discrimination Act 1977 ("the Act").