A former supreme court associate who says she was forced out of her job after it was revealed she was in a sexual relationship with a Tasmanian judge has lodged a complaint with the state’s equal opportunity commission.
Sarah Gregory was photographed embracing her partner, Justice Gregory Geason, in a Hobart nightclub last year.
After the photo was published by local media, her lawyers say she was “shamed and unilaterally removed” from her role as Geason’s associate.
Geason remains employed as a judge.
Her lawyer, Maurice Blackburn principal Josh Bornstein, said that under Tasmania’s Anti-Discrimination Act, employees are protected from discrimination on the basis of lawful sexual activity.
“My client is a young woman who engaged in a lawful, consensual relationship. As a result, she was shamed and humiliated, accused of misconduct, and subjected to punitive sanctions without any fair process being followed,” Bornstein said in a statement.
“The consequences for my client have been severe and ongoing. It is not clear whether my client will continue to work in the legal profession.”
Bornstein said Gregory would be seeking compensation. The photo had been taken at Grand Poobah nightclub after the Law Society of Tasmania’s opening of the legal year dinner and was published by the Hobart Mercury, which also reported that the pair had been seen kissing.
Geason was later counselled over the incident, according to a statement from supreme court chief justice Alan Blow.
“The Chief Justice views Justice Geason’s actions as sufficiently serious to warrant counselling,” the statement said.
“The Chief Justice’s actions have been taken to protect the reputation of the court.”
But Bornstein said the court did not have fair and transparent processes in place to manage matters such as conflicts of interest arising from consensual relationships in the workplace. He said such policies were “commonplace” across Australia.
“This case will test whether our discrimination laws are fit for purpose today. In particular, whether these protections can operate to ensure that young women who exercise their agency to engage in consensual relationships are not subject to moral censure and unfair punishment at work as a result.”
The complaint has been made more than 12 months after the alleged discrimination occurred, meaning Gregory has requested that Equal Opportunity Tasmania use its discretion to accept it.
A spokesperson for the Tasmanian justice department said they were unable to comment.
