Work Place Sexual Harassment

In the decision in a case known as Ewin v Vergara (No. 3) (2013) the Federal Court has clarified the position under the Sex Discrimination Act 1984 as to what is a workplace for the purposes of unlawful sexual harassment. In this case, the Respondent attempted to argue that common areas of the office, such as corridors or lavatories, or kitchens were not the workplace for the purpose of this Act.

The Court rejected this argument and confirmed that what is important is the people. The relationships between them and the fact that they are connected by their common workplace/employer. And That relationship rather than the precise physical environment. This was also a case in which the Court confirmed that the fact the Respondent was a Contractor rather than a direct employee was no bar to the application of the Sex Discrimination Act 1984.

Aylward Game Solicitors

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