“Workplace” clarified by sexual harassment case

Industrial relations

  “Workplace” clarified by sexual harassment case

 In a recent decision, the Federal Court held that the term “a workplace” is broad and may include a range of venues and locations, depending upon the surrounding circumstances and the conduct of workplace participants.

A recent decision of the Federal Court of Australia is a reminder to employees and employers of the need to keep professional and personal relationships separate. In E. v V. (No. 3) [2013] FCA 1311, an employee was awarded $476,163 for sexual harassment by a fellow worker, making it one of the largest court-ordered sexual harassment awards.

The case also provides clarification on the meaning of “workplace” in the Sex Discrimination Act 1984 (Cth) (SD Act), giving the term a potentially broad definition.

Justice Blomberg's judgment contains detailed record of events, beginning at 97 and discussion of damages at 597:

http://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2013/2013fca1311#_Ref374004070

“The article is published with permission of Law Society of New South Wales. Copyright (c) Law Society Of New South Wales – Client Newsletter, 2, 2014.”

Contact Solicitor Andre Petrov at Ross Anderson Lawyers if you require assistance with a work-related issue. Ross Anderson Lawyers is a Sydney-based general legal practice.

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