She complained to her employer Emanuele Cappello and was dismissed.
Since then, Ms Alexander has been unable to work for an extended period of time, her personal relationships suffered and she became severely depressed which led to drug and alcohol use and admission to a psychiatric hospital on two occasions.
Ms Alexander submitted a complaint to the NSW Anti-Discrimination Board in September 2008, which was not pursued. She then applied to the Australian Human Rights Commission and the matter was eventually heard in the Federal Circuit Court of Australia (FCCA) before Driver J, who delivered judgment on 14 November 2013.
Driver J found that Mr Vekiarellis sexually harrassed Ms Alexander in contravention of section 28B(2) of the Sex Discrimination Act 1984 (Cth). Although Mr Cappello’s brother, John Cappello was the sole director of Cappello Bros, the judge found that it was Emanuele Cappello who was Ms Alexander’s employer in substance, and he was found vicariously liable. Furthermore, the court found that not only was Emanuele Cappello vicariously liable for Mr Vekiarellis’ actions but also that Emanuele Cappello victimised Ms Alexander by dismissing her.
Ms Alexander was awarded $138,000 in damages between Mr Vekiarellis and Mr Cappello with the majority being awarded against Emanuele Cappello. In awarding damages, Driver J noted the medical evidence produced by Ms Alexander’s doctor demonstrated she had endured significant psychological trauma.
On the issue of vicarious liability, Driver J described Cappello Bro’s reaction to Ms Alexander’s harassment complaints as a “wholly inappropriate and ineffective response.” Suggestions were made that Ms Alexander’s dismissal was unrelated to her complaints however Driver J disagreed:
“The substantial and operative factor why Ms Alexander was dismissed was not the poor performance of the Takeaway, but because she had made the sexual harassment complaints. Her dismissal was unfair.”
Ms Alexander hopes that her story will encourage more women to come forward and fight against sexual harassment and workplace victimisation.
Read the decision.
