ARTICLE · 10 DECEMBER 2014

When will sexual harassment outside the office still occur in the workplace?

Sparke Helmore Lawyers

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This decision provides valuable insight into what could constitute a "workplace" for the purposes of the SD Act.

AustraliaEmployment and HR

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The blurring of the boundary between work and personal time is occurring in all areas of life and the law. In this article, we look at this phenomenon through the lens of the Sex Discrimination Act 1984 (Cth) (SD Act).

In August this year, the Full Federal Court handed down its decision in Vergara v Ewin, which involved a sexual harassment claim made under the SD Act. The $476,163 award of damages to the applicant, Ms Ewin, is significant as it is one of the largest awards made for a sexual harassment claim.

This decision is a reminder to employers of the risk that a sexual harassment claim poses to their organisation. It also provides valuable insight into what will constitute a "workplace" for the purposes of the SD Act.

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