McGuire v Reyes t/as The Entrance Lakehouse [2017] NSWCATAD 50

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: McGuire v Reyes t/as The Entrance Lakehouse [2017] NSWCATAD 50 Hearing dates: 10 November 2016 Date of orders: 08 February 2017 Decision date: 08 February 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: J Conley, Senior Member E Hayes, General Member Decision: (1) The complaint against Maria Milagros Reyas t/as the Entrance Lakehouse is withdrawn and dismissed. (2) Laurie Spooner is to pay Lynn McGuire the sum of $6,000 within 28 days from the date of this decision. Catchwords: Sexual Harassment Legislation Cited: Anti-Discrimination Act 1977 Civil and Administrative Tribunal Act 2013 Cases Cited: Linnell v Seacham Australia Pty Ltd [2011] NSWADT 61, Caton v Richmond Club Limited [2003] NSWADT 202, O'Callaghan v Loder & Anor (No. 2) [1983] 3 NSWLR 89, Qantas Airways v Gama [2008] FCAFC 69, Richardson v Oracle Corporation Australia Pty Ltd and Anor [2014] FCAFC 82 Category: Principal judgment Parties: Lynn McGuire (Applicant) Maria Milagros Reyes t/as The Entrance Lakehouse (First Respondent) Laurie Spooner (Second Respondent) Representation: Counsel: L Andelman (Applicant)

Solicitors: Legal Aid (Applicant) Laurie Spooner (Second Respondent in Person) File Number(s): 1610171

reasons for decision

The Application 1. Ms Lynn McGuire was employed as a kitchen hand by Maria (aka Maila) Reyes trading as the Entrance Lake House, (the First Respondent) which was a restaurant in Gosford. Mr Laurie Spooner (the Second Respondent) was employed as an Operations Manager at the Lake House restaurant. 2. On 13 August 2015 Ms McGuire made a complaint to the Anti-Discrimination Board (the ADB) claiming she was sexually harassed in her employment by Mr Spooner. She alleged it began on 11 March 2015 when he hugged her around the neck. On two occasions he put his hands around her bottom while on step ladder, the last time was on 26 June 2015. She also claimed she was victimised by Maria Reyes. She alleged her employment was terminated because she complained of sexual harassment by Mr Spooner. 3. The complaint was investigated by President of the ADB and unable to be resolved. The President of the ADB referred the complaint to the Administrative and Equal Opportunity Division of the New South Wales Civil and Administrative Tribunal (NCAT) under s93C of the Anti-discrimination Act 1977 (the Act). 4. Ms McGuire alleges Mr Spooner made unwelcome sexual advances from 11 March 2015 until 26 June 2015 which were not reported. The conduct included coming up very close to her face while working, hugging her around the neck and putting his hands around her bottom and touching her genital area while standing on a step-ladder. She also specifically alleges on 26 June 2015, Mr Spooner came up behind her and placed his hands on her buttocks while she was standing on a step-ladder. She reported this incident that same night.