Maurice Blackburn

Federal Court to hear computer porn test case

A hearing before the Federal Court on 1 August is set to decide whether exposure to computer-generated porn at work can breach the Sex Discrimination Act.

Kirsty Fletcher, a 3rd generation air traffic controller, launched Federal Court proceedings a year ago alleging that she was subjected to extreme bullying and sex discrimination by management of Air Services Australia (ASA), a Federal Government-owned Corporation.

Maurice Blackburn Principal Josh Bornstein describes the case as a test case on whether a woman can sue under the Sex Discrimination Act where she is exposed to male colleagues viewing computer porn at work.

He said: "We believe that a substantial amount of pornographic material was stored on the ASA computer system and that an ASA manager distributed it to other managers and employees regularly over a period of years.

"There is case law establishing that women exposed to pornographic posters at work can pursue claims of unlawful discrimination. We see no reason why the result should be different where the pornographic images and video content are on display on computer screens of colleagues and managers.

"Our client was exposed to pornographic sexual images while at work. We believe that by allowing this to occur, Air Services breached the Federal Sex Discrimination Act."

Maurice Blackburn has been seeking copies of the pornographic material since April 2011 as part of the Court discovery process in the case. However, ASA has now sought to strike out the computer porn allegations arguing that they are incapable of breaching the Act. It has withheld all such material pending the court's decision on this matter.

In addition to bullying and discrimination that took place, Ms Fletcher, alleges she was denied training opportunities when she announced that she was pregnant with her second child.

During one vicious tirade that she experienced from a manager when she was six months pregnant, she alleges that she feared a physical assault from him and took steps to ensure that if she was hit, she fell in such a way as to protect her unborn child.

Mr Bornstein said, "In 2009, Ms Fletcher complained about the dissemination of pornography to Human Resources managers, but alleges that Air Services conducted an investigation that was a whitewash. In contrast to the investigation results, she believes a voluminous amount of pornographic materials exist that will support her case.

"While Air Services Australia reluctantly conducted an investigation, and a senior manager was sacked, the agency has no real understanding about the impact these events have had on Ms Fletcher and other staff."

Ms Fletcher had been on sick leave until 8 July 2011 when a courier delivered a letter terminating her employment. Bizarrely, the letter stated that in view of the evidence that she was going to give in the court proceedings, ASA had decided to terminate her employment.

Mr Bornstein condemned ASA's treatment of Kirsty Fletcher, describing ASA workplace culture as punitive and secretive.

He has now been instructed to seek exemplary damages for her in the case.

Ms Fletcher said she had "absolutely loved" her job. "It's all I have ever done. Now it's like being a singer and someone has ripped your voice box out.

"I am determined to ensure that Air Services Australia deals with my case with proper transparency and accountability. I have seen controllers sitting at the consoles separating planes in tears, as a result of the way managers talk to them, or treat them.

"And I have lost the career I loved."