PUBLIC SERVICE - Duties and Offences in relation to Office - allegations of harassment - prevention of sex harassment a legitimate interest of employer - relevance of Sex Discrimination legislation - applicant inter alia made phone calls to co-employee after hours - direction by supervisor not to contact co-employee outside the requirements of official duties - whether direction lawful and reasonable - Public Service Regulations 8A - whether conduct engaged in otherwise than at work can be of legitimate interest to employer - harassment was a consequence of relationship as co-employees - conduct had significant adverse effects in the workplace - continuing workplace proximity gave rise to apprehension of continuing harassment - employer's legitimate interest accepted - reasonableness of direction - whether the direction was proportionate. PUBLIC SERVICE- Employees and Servants of the Crown - constitutional significance and distinctive character of Executive/public servant employment relationship - impact of statutory basis for public employment - nature of employment - significance of obligation to act in the public interest - whether a disciplinary direction beyond scope of contract of service and subject matter of employment lawful. ADMINISTRATIVE LAW - Judicial Review - application for extension of time to commence proceedings - application for extension and substantive issue heard together - relevance of alternative review procedures - importance of issue in substantive application going beyond parties' interest - whether prejudice to respondent - extension granted.
Case Details
Citation[1996] FCA 904
Reported(1996) 70 FCR 16140 ALR 625+1 more
CourtFCA
JurisdictionCommonwealth
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