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ARTICLE · 11 JUNE 2022

Sexual harassment under the microscope – importance of reform

Holding Redlich
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A recent NSW case has highlighted the importance of sex discrimination reform and sends a message to all employers.

AustraliaEmployment and HR

A recent NSW discrimination case has highlighted the importance of reform in the area of sex discrimination and sends a message to employers about the impact of the proposed amendments to federal sex discrimination laws.

The NSW discrimination case

In the recent decision of Vafa v Holdsworth; Vafa v University of Newcastle [2022] NSWCATAD 163, the NSW Civil and Administrative Tribunal (Tribunal) considered whether conduct occurring between an academic and his student amounted to sexual harassment.

Background

Professor Holdsworth was Ms Vafa's supervisor during her PhD from August 2015 to November 2017. Ms Vafa alleged that Professor Holdsworth sexually harassed her during his supervision of her PhD. She alleged, among other things, that Professor Holdsworth hugged and kissed her on each cheek in greetings and farewells, and at other times touched her arms and shoulders, poked her in the arm and rubbed her back and buttocks.

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