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NT Law Handbook

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Name Date Summary Area Attribute Outcome
Kerkofs v Abdallah [2019] VCAT 259


Complaint of sexual harassment
Employment Not applicable $130,000 damages for pain and suffering

$20,000 aggravated damages
Black v Owners Corporation OC1-POS539033E [2018] VCAT 2014 20.12.18 Complaint of disability discrimination and failure to make reasonable adjustments was successful. Provision of services Disability

Orders to convert manual-operated doors to automatic operated doors to facilitate access to common property areas at an apartment block, including car park. $10,000 compensation.
Kibet v Empire Club [2018] VCAT 1868 6.12.18 Complaint of race discrimination in the provision of services – refusal of entry to a nightclub Provision of services Race $3000 for hurt and humiliation
Ferris v Department of Justice and Regulation [2017] VCAT 1771 13.11.17 Complaint of disability discrimination (indirect discrimination) against an employer was successful Employment Disability (diabetes) $0 the complainant was not awarded any damages. The reason given by VCAT was that the loss suffered by the complainant (suspending and terminating his employment) was not a consequence of the indirect discrimination claim.
Harrison v Department of Education and Training [2017] VCAT 1128 4.09.17 Complaint of disability discrimination and failure to make reasonable adjustment against an employer Employment $4,000 general damages Economic loss – payment equivalent to the wages the complainant would have received from 28.2.2013–14.5.2013 at the rate 0.4 of a full-time level 3 teacher together with any accrued leave benefits and entitlements
Ingram v QBE Insurance (Australia) Ltd [2015] VCAT 1936 18.12.15 Complaint of disability discrimination against insurance provider who refused to indemnify complainant based on mental illness and maintained a discriminatory exclusion Goods and services Disability

$4292.48 for economic loss $15,000 for non-economic loss
Collins v Smith [2015] VCAT 1992 23-12-15 Sexual harassment by employer to junior staff member and victimisation Employment Not applicable

Aggregate sum of $332,280 comprising:

$180,000 general damages

$20,000 aggravated damages

$60,000 past loss of net earnings and superannuation

$60,000 future loss of net earnings and superannuation $12,280 out of pocket expenses.
Butterworth v Independence Australia Services [2015] VCAT 2056 22.12.15 Complaint of failure to make reasonable adjustments and terminating the complainant's employment Employment Disability $3325.25 for economic loss
Obudho v Patty Malones Bar Pty Ltd trading as Inflation Nightclub [2015] VCAT 1521 07.10.15 Complaint that Patty Malones Bar cancelled a booking of a club section for an event when the nightclub owner became aware that many of the patrons would be of African descent. Goods and services Race Discrimination claim arising from complainants' planned attendance at the event was proven. Claim regarding cancellation and business losses dismissed. This matter was appealed in the Supreme Court.
Obudho v Patty Malones Bar Pty Ltd [2017] VSC 28 09.02.17 Appeal of VCAT decision Obudho v Patty Malones Bar Pty Ltd trading as Inflation Nightclub [2015] VCAT 1521 Goods and services Race $6000 compensation for economic loss and a further $6000 for non-economic loss
Dirckze v Holmesglen Institute (Human Rights List) [2015] VCAT 1116 10.07.15 Complaint by a student about being called 'a monkey' Education Race $3000 compensation for instance of proven racial discrimination
Bevilacqua v Telco Business Solutions (Watergardens) PL No 2 [2015] VCAT 693 11.03.15 Complaint of pregnancy discrimination against employer. Failure to make reasonable adjustments Employment Pregnancy $10,000 general damages for hurt and humiliation for proven claims of direct discrimination in making comments about taking sick leave and taking toilet breaks. Other claims dismissed.
Dziurbas v Mondelez [2015] VCAT 1432 11.03.15 Complaint of disability discrimination against employer who was not allowed to return to work after injury Employment Disability $20,000 compensation for injury to feelings.
Jemal v ISS Facility Services Pty Ltd [2015] VCAT 103 19.01.15 Complaint of discrimination being told he looked like a gorilla Employment Race $3000 compensation
Martin v Padua College (Correction) [2014] VCAT 1652 24.11.14 Complaint of being terminated from employment based on having engaged in lawful sexual activity with a former student who was an adult at the time the relationship started. Employment Lawful sexual activity

Total damages: $90,000

$80,000 for past economic loss. $10,000 for pain and suffering.
Slattery v Manningham CC [2014] VCAT 1442

Municipal council engaged in direct discrimination by maintaining a declaration prohibiting complainant from attending any council building Goods and services Disability $14,000 general damages.
GLS v PLP [2013] VCAT 221 13.3.13 Complaint by a mature aged graduate legal student of 14 instances of serious and sustained sexual harassment by her employer during a legal practice placement Sexual harassment by employer; sexual harassment in a common workplace (Not applicable in sexual harassment cases as stand-alone provision) Tribunal upheld 11 of the 14 complaints and awarded the complainant $100,000 for general damages on the basis of the serious psychological damage caused by the employer's conduct. No special were damages sought or awarded.
Galea v Hartnett- Blairgowrie Caravan Park [2012] VCAT 1049 18.7.12 Complaint that complainant refused accommodation at caravan park on basis of parental status Provision of accommodation Parental status $1000 for the distress caused by the refusal to provide accommodation and $90 for economic loss relating to travel costs
Cobaw Community Health Services v Christian Youth Camps Ltd [2010] VCAT 1613 8.10.10 Complaint that Christian adventure resort refused to take booking for youth group based on sexual orientation of attendees Services and accommodation Sexual orientation $5000 for hurt and distress caused by the unlawful discrimination of the respondents. Supreme Court of Appeal confirmed discrimination based on sexual orientation. High Court refused special leave to appeal against this decision.
Sammut v Distinctive Options Limited [2010] VCAT 1735 14.9.10 Sexual harassment and victimisation complaint Employment N/A

Complaint proven in part. $2,000 for humiliation, pain and suffering. VCAT accepted the sexual harassment had a significant impact on the complainant, and that he was humiliated as a result. However, VCAT found there was insufficient evidence to link the sexual harassment with any inability the complainant had to work.
Laviya v Aitken Greens Pty Ltd [2010] VCAT 1233 3.8.10 Complaint that complainant was dismissed for taking sick leave, requiring complainant to return to work following Kinglake bushfires, and sexual harassment Employment Impairment, sexual harassment

$3500 in general damages for extreme distress caused by the unlawful conduct. A further $1,500 general damages were awarded against a person found to have sexually harassed the complainant. Both amounts payable within 14 days. No financial loss was alleged by the complainant. There was insufficient evidence to support any award to compensate for medical expenses, even though the complainant had undergone counselling.
Stern v Depilation & Skincare Pty Ltd [2009] VCAT 2725 22.12.09 Complaint that employment status changed and employment terminated Employment Pregnancy

Complaint proven in part.

$6,607.58 total compensation comprising:

a) $3000 for loss arising from the change of her employment status during her employment

b) $2807.58 for loss of earnings

c) $800 for humiliation and emotional distress

Thomas v Alexiou [2008] VCAT 2264 31.10.08 Complaint of sexual harassment by apprentice against director Employment Not applicable $35,000 in general damages based on the extent of the repetition and duration of that sexual harassment and VCAT's assessment of its effect on the complainant

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