Workplace Participants Assignment Report

Workplace Law
Ewin v Vergara (No. 3) [2013] FCA
1311

Issue
 To determine whether Mr
Claudio Vergara sexually
harassed Ms Jemma Ewin.
 To be determined whether
the places where Ms Ewin,
if harassed, falls under the
purview of ‘workplace’.
 To be determined whether
Ms Ewin could hold her
employer vicariously liable
for the sexual harassment.

Rule
 Section 28B(6) of the
Sex
Discrimination Act states that a sexual
harassment in the workplace, done by a
work participant to another work
participant, either or both working in the
same place shall be considered as
unlawful.
 A ‘
workplace’ is defined as the place
where workplace participants carry out
functions of their work or related to work

Rule
 ‘Sexual harassment’ as held under the
Sex Discrimination
Act refers to the unwelcome ‘sexual advances or request for
sexual favours, or unwelcomed conduct of sexual nature’
under circumstances where any reasonable person would
comprehend and anticipate that it would be offensive,
humiliating or intimidating for the person so harassed.
 ‘Vicarious liability’ of the employer refers to the
circumstance where the employer failed to address a
situation involving misconduct of his employees, affecting
another employee or someone else, which was committed
at the workplace (
Richardson v Oracle Corporation Australia
Pty Ltd [2014] FCAFC 82).