In
the decision in a case known as Ewin v Vergara (No. 3) (2013) the Federal Court
has clarified the position under the Sex
Discrimination Act 1984 as to what is a workplace for the purposes of
unlawful sexual harassment. In this case the Respondent attempted to argue that
common areas of the office, such as corridors or lavatories or kitchens were
not the workplace for the purpose of this Act.
The
Court rejected this argument and confirmed that what is important is the people
and the relationships between them and the fact that they are connected by
their common workplace/employer and that relationship rather than the precise
physical environment. This was also a case in which the Court confirmed that
the fact the Respondent was a Contractor rather than a direct employee was no
bar to the application of the Sex
Discrimination Act 1984.
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