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NSW Complimenting Female Staff Member at RSL Club

Discussion in 'Criminal Law Forum' started by sedge, 21 May 2015.

  1. sedge

    sedge Active Member

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    I told girl staff member at an RSL club that she was beautiful - also said I liked her hair. Is this against any Australian law?
     
  2. Sapphire

    Sapphire Active Member

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    Hahaha! No, it's not. Don't worry, you have nothing to stress about!
     
  3. Tim W

    Tim W Lawyer
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    Depends.
    Were you an employee, or a patron of the club at the time?
     
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  4. sedge

    sedge Active Member

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    a patron
     
  5. Tim W

    Tim W Lawyer
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    OK.
    Then assuming certain things...
    • that you were sober; and
    • that you were not behaving in an offensive manner; and
    • that you did not cause discomfort (let alone fear) in the staff member in question
      (such as by making an unwelcome social advance); and
    • that you were not otherwise in breach of any of the clubs "House Rules"
    then you might be OK.

    But consider this - a club worker has the same rights as anyone else to feel safe at work.
    And the club, as an employer, has a WHS-based duty of care to that worker.
    To meet that, it means removing hazards, including hazards to mental health and emotional well being.
    And if, on that basis, another club worker asked you to "back off", or to leave the club,
    or even barred you from the club, then that might be reasonable in the circumstances.
     
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  6. sedge

    sedge Active Member

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    any of what i have said was in written i only passed a note - also was sober - now club says i was breaking code 44 and 44 ( i )
     
  7. Tim W

    Tim W Lawyer
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    What are these? Club rules?
     
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  8. sedge

    sedge Active Member

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    me think they - code of practice or club constitution rules
     
  9. sedge

    sedge Active Member

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    remember all these things were written i didnt say actually
     
  10. Tim W

    Tim W Lawyer
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    A club's rules/by-laws/ codes of conduct etc are not law.
    But, they can be a term of the contract between you and the club.
    This contract is called "membership".

    By that I mean that one of the conditions of being a member can be (is) to abide by the club's rules.
    A breach of those terms gives the club grounds to terminate the contract - or, in non-legal language, to kick you out.
     
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