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It wouldn't be unfair or oppressive for an employer to face s-xual harassment and discrimination allegations from up to a decade ago, in circumstances where it contributed to the lengthy delay in the proceedings, the Federal Court has ruled.
The employer couldn't "now object to the delay", Justice Craig Colvin said, because it had been on notice since 2019 as to the nature of the employee's claims, their seriousness and those allegedly involved.
In July last year, the employee brought a claim against property advisory companies Savills (Aust) Pty Ltd and Savills (WA) Pty Ltd, alleging breaches of the Commonwealth Sex Discrimination Act related to workplace sexual harassment, discrimination and victimisation that occurred between 2007 and 2019.
The employee made some 49 allegations, most of which related to a senior manager and a few other employees...
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