A -V- B [1997] NSWEOT

A -V- B [1997] NSWEOT

Although some particulars were capable of establishing that the Complainant had been treated less favourably, including aspects of complaint collection, monitoring, feedback and disciplinary procedures, the evidence was not capable of establishing that any such treatment was causally connected to the Complainant's race or sex. The complaint therefore lacked sufficient substance to justify continuation of the inquiry and was dismissed under Section 111(1).

Jurisdiction
Australia
Judgment Date
18 December 1997
Procedural Posture
Inquiry Into a Complaint of Direct Race and Sex Discrimination in Employment, With a Respondent's Application Under Section 111(1) of the Anti Discrimination Act 1997 as Amended to Dismiss the Complaint as Lacking Substance. / At the Close of the Complainant's Evidence.
Outcome
Complaint dismissed; judgment in favour of the Respondent.
Legal Topics
['direct Race Discrimination' 'direct Sex Discrimination' 'less Favourable Treatment' 'causal Connection to Race or Sex' 'workplace Disciplinary Procedures' 'dismissal of Complaint as Lacking Substance']
['anti Discrimination Law' 'employment Law' 'tribunal Procedure'] ['direct Race Discrimination' 'direct Sex Discrimination' 'less Favourable Treatment' 'causal Connection to Race or Sex' 'workplace Disciplinary Procedures' 'dismissal of Complaint as Lacking Substance']

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Procedural Posture

Inquiry Into a Complaint of Direct Race and Sex Discrimination in Employment, With a Respondent's Application Under Section 111(1) of the Anti Discrimination Act 1997 as Amended to Dismiss the Complaint as Lacking Substance. / At the Close of the Complainant's Evidence.

Legal Issues

  1. 1 ["Whether the Complainant's evidence was capable of establishing that the Respondent treated her less favourably than it would have treated a person of a different race or sex in the same or similar circumstances." "Whether any less favourable treatment was on the ground of the Complainant's race or sex, including asserted NESB or Russian background and sex-based characteristics." "Whether the complaint lacked sufficient substance so that it should be dismissed under Section 111(1) at the close of the Complainant's evidence."]

Ratio Decidendi

Although some particulars were capable of establishing that the Complainant had been treated less favourably, including aspects of complaint collection, monitoring, feedback and disciplinary procedures, the evidence was not capable of establishing that any such treatment was causally connected to the Complainant's race or sex. The complaint therefore lacked sufficient substance to justify continuation of the inquiry and was dismissed under Section 111(1).

Court Disposition

Complaint dismissed; judgment in favour of the Respondent.

Orders

  • ['The Tribunal directed under Section 110A(1) that the identity of the parties be suppressed and not identified or disclosed.' 'The complaints be dismissed.' 'No direction for costs was made.']