Employers vicariously liable for sexual harassment: ADT NSW

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Employers vicariously liable for sexual harassment: ADT NSW

The NSW Police Commissioner has failed to persuade the Administrative Decisions Tribunal to exclude him from proceedings which claim he was vicariously liable for the sexual harassment of a police force employee.

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9/03

 

The NSW Police Commissioner has failed to persuade the Administrative Decisions Tribunal to exclude him from proceedings which claim he was vicariously liable for the sexual harassment of a police force employee.

The Commissioner argued that s52 and s53 of the Anti Discrimination Act, which deal with an employer’s vicarious liability, did not apply to behaviour described in s22A which defines sexual harassment.

The Tribunal found there was nothing in the wording of s53 that implied that employers could not be found liable for sexual harassment. The Tribunal said there was enough material in the applicant's complaint to satisfy it that the Police Commissioner should remain a party to the proceedings and that whether he acted in a manner that allowed reliance on the exception in s53 was a matter to be decided at the hearing.

See: Dee v Commissioner of Police & Anor [2003] NSWADT 217, (September 15, 2003).

 

 

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