Hall v. A. & A. Sheiban Pty. Ltd. [15 March 1989]

Annu Rev Popul Law. 1989:16:138.

Abstract

PIP: The applicants claimed that they had been sexually harassed while employed as receptionists and during their interviews for employment. In upholding their claims, the court held the following, among other things: 1) sexual harassment under the Australian Sex Discrimination Act 1984 can occur in pre-employment interviews; 2) section 28(3) of the Act does not exhaustively define sexual harassment, and a single action may constitute sexual harassment; 3) sexual harassment can extend to acts that constitute criminal offenses or civil wrongs and is compensable, whether criminal punishment is inflicted or not; 4) the test for sexual harassment is objective; it is sufficient that a person have reasonable grounds for believing that rejection of the harassment would disadvantage the person, whether the conduct is rejected or not; and 5) damages are to be assessed having regard to the actual reaction of the applicant to sexual harassment.

Publication types

  • Legal Case

MeSH terms

  • Australia
  • Crime
  • Developed Countries
  • Economics
  • Employment*
  • Health Workforce
  • Jurisprudence*
  • Pacific Islands
  • Prejudice*
  • Sexual Harassment*
  • Social Problems