Yelda v Sydney Water Corporation; Yelda v Vitality Works Australia Pty Limited [2019] NSWCATAD 203

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Yelda v Sydney Water Corporation; Yelda v Vitality Works Australia Pty Limited [2019] NSWCATAD 203 Hearing dates: 27 and 28 March 2019 Date of orders: 01 October 2019 Decision date: 01 October 2019 Jurisdiction: Administrative and Equal Opportunity Division Before: Dr R Dubler SC, Senior Member Dr J Goodman-Delahunty, General Member Decision: 1. The Tribunal finds the Respondents have contravened s.22B of the Anti-Discrimination Act 1977 (NSW) in respect of the display of the Poster with the image of the Applicant.

2. The Tribunal finds Sydney Water has contravened s25(2)(c) of the Anti-Discrimination Act 1977 (NSW) in respect of the display of the Poster with the image of the Applicant.

3. The parties are to approach the Registrar to arrange for a date for the matter to be listed for further directions to timetable a hearing on damages in respect of the found contravention of s.22B of the Anti-Discrimination Act 1977 (NSW). Catchwords: ANTI-DISCRIMINATION – sexual harassment – allegation of conduct constituting sexual harassment by the display of a poster at the workplace – whether employee sexually harassed – whether conduct constituted "unwelcome conduct of a sexual nature"

ANTI-DISCRIMINATION – sex discrimination – whether depiction of female employee on a poster amounted to sex discrimination at the workplace – whether the display of the poster amounted to unfavourable treatment on the ground of sex Legislation Cited: Anti-Discrimination Act 1977 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: Aldridge v Booth (1988) 80 ALR 1 Corrective Services v Aldridge (EOD) [2000] NSWADTAP 5 GLS v PLP (Human Rights) [2013] ECAT 221 Hall v A & A Sheiban Pty Ltd [1989] 20 FCR 217 Hooper v Mount Isa Mines Ltd (1997) EOC 93-879 Hunt v Rail Corporation of New South Wales [2007] NSWADT 152 IW v City of Perth (1997) 71 ALJR 943 Johnson v Blackledge [2001] FMCA 6 Poniatowska v Higginbotham [2009] FCA 680 Purvis v New South Wales (2003) 217 CLR 92 Texts Cited: Oxford Dictionary Category: Principal judgment Parties: Reem Yelda (Applicant) Sydney Water Corporation (Respondent in 2018/213657) Vitality Works Australia Pty Ltd (Respondent in 2018/213589) Representation: Counsel: Ms Kellie Edwards (Respondent in 2018/213589)