James v Department of Justice, Corrective Services NSW [2017] NSWCATAD 238

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: James v Department of Justice, Corrective Services NSW [2017] NSWCATAD 238 Hearing dates: 27 and 28 March 2017 Date of orders: 02 August 2017 Decision date: 02 August 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: A Scahill, Senior Member F Given , General Member Decision: (1) The complaint of victimisation is substantiated. (2) The Respondent is to pay to the Applicant the sum of $20,000 as compensation for the harm caused to her within 21 days of the publication of this decision. Catchwords: Victimisation; complaint of sexual harassment Legislation Cited: Anti-Discrimination Act 1977 (NSW) Anti-Discrimination Act, 1991 (Qld) Evidence Act 1995 (NSW) Fair Work Act 2009 (Cth) Cases Cited: Alexander v Home Office (1988) 2 All ER 119 Alone v State Housing Commission ("Homewest") (1992) EOC 92-392 Bailey v Australian National University (1995) EOC 92-744 Board of Bendigo Regional Institute of Technical and Further Education v Barclay and Another No 1 [2012] HCA 32 Borg v Commissioner, Department of Corrective Services & Anor [2002] NSWADT 42 CFMEU v BHP Coal Pty Ltd [2014] HCA 41 Chamberlain v The Queen [1984] HCA 7; (1984) 153 CLR 521 Chi v Technical and Further Education Commission (No 3) [2009] NSWADT 271 Cockin v P&N Beverages Aust Pty Ltd [2006] QADT 42 Commissioner of Corrective Services v Aldridge (No. 2) [2002] NSWADTAP Commissioner of Corrective Services v Aldridge [2000] NSWADTAP 5 Commissioner of Police, NSW Police v Mooney (No.3) [2004] NSWADTAP 22 Department of Health v Arumugam [1988] VicRp 42; (1987) EOC 92-195; (1988) VR 319 Edwards v Bourke Bowling Club Limited [2000] NSWADT 31 Fenwick v Beveridge Building Products Pty Ltd (1986) EOC 92-147 Fittler v NSW Electoral Commission and anor [2007] NSWADT 136 Hafez -v- Warilla Women's Refuge Ltd, Clegg and McEwan [3 of 1993 & 40 of 1995] NSWEOT Hall v Sheiban (1985) ALR 503 Khanna v Ministry of Defence (1981) I.C.R.126 Lavery v Commissioner of Fire Brigades [2003] ADT 93 Nicholls and Nicholls v Director General, Department of Education and Training (No 2) [2009] NSWADTAP 20 Shaikh v Commissioner, NSW Fire Brigades (1996) EOC 92-808 Shepherd v The Queen [1990] HCA 56; 97 ALR 161 Sivananthan v Commissioner of Police, New South Wales Police Service [2001] NSWADT 44 Victoria (Office of Public Prosecutions) v Grant [2014] FCAFC 184 Waters v Public Transport Corporation [1991] HCA 49; (1991) 173 CLR 349. Texts Cited: Rees, N; Rice, S and Allen, D: Australian Anti-Discrimination Law; 2nd Edition, Federation Press Category: Principal judgment Parties: Rita James (Applicant: ) Department of Justice (Corrective Services NSW) (Respondent) Representation: Counsel: Mr Seck (Respondent)