A recent decision by the NSW Court of Appeal has dismissed an
application by a contractor against a ruling by the NSW Civil and
Administrative Tribunal ("NCAT") that
Sydney Water and the contractor had engaged in sexual harassment of
a female employee after a suggestive safety poster was displayed at
work.
The decision confirms that even unintentional innuendo can be
considered unwelcome sexual harassment under the
Anti-Discrimination Act 1977 (NSW) (the
"Act").
For behaviours and actions to be unlawfully considered as
"sexual harassment", the conduct must be
"unwelcome" to the person allegedly harassed.
Background
The decision by the NSW Court of Appeal concerned a ruling by
NCAT that both Vitality Works, a contractor and Sydney Water, the
employer, had contravened the Act after a poster had been displayed
at the Ryde depot of Sydney Water which showed a photograph of the
employee over a caption which said "Feel great –
lubricate!".
