Forkin v Young [2020] NSWCATAD 29

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Forkin v Young [2020] NSWCATAD 29 Hearing dates: 4 November 2019 Date of orders: 23 January 2020 Decision date: 23 January 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: A Britton, Principal Member J Schwager AO, General Member Decision: (1) The complaint is dismissed. Catchwords: EQUAL OPPORTUNITY — sexual harassment — whether conduct is of a "sexual nature"

EVIDENCE — application of "rule" in Jones v Dunkel Legislation Cited: Anti-Discrimination Act 1977 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Disability Discrimination Act 1992 (Cth) Racial Discrimination Act 1975 (Cth) Cases Cited: Chand v Rail Corporation of NSW (No 2) [2009] NSWADTAP 27 Jones v Dunkel [1959] HCA 8; (1959) 101 CLR 298 Kesby v Nguyen-Dang (No 2) [2009] NSWADT 310 Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd (1992) 110 ALR 449 Qantas Airways Limited v Gama [2008] FCAFC 69 Shiels v James [2000] FMCA 2 St Joseph's Hospital Ltd v Correy (EOD) [2008] NSWADTAP 4 Yelda v Sydney Water Corporation; Yelda v Vitality Works Australia Pty Limited [2019] NSWCATAD 203 Texts Cited: S Odgers, Uniform Evidence Law (14th edition, 2019) Category: Principal judgment Parties: Diane Forkin (Applicant) Matthew Young (First Respondent) Combined Training & Consulting Pty Ltd (CTC Safety) (Second Respondent) Representation: A Whole New Approach (Applicant) (Agent) First Respondent (Self Represented) Second Respondent (Self Represented) File Number(s): 2019/00133808 Publication restriction: Nil