Turner -v- Terrace Tower Pty Limited and Samuels [1999] NSWADT 48

Turner -v- Terrace Tower Pty Limited and Samuels [1999] NSWADT 48

The Tribunal dismissed all complaints because it found no detrimental change in the applicant's working environment following her injury, accepted Mr Samuels' evidence where it conflicted with the applicant's and found no harassment, and held that the sex discrimination complaint about bonuses lacked substance because there was no contractual entitlement to a particular bonus and bonuses were discretionary.

Jurisdiction
Australia
Judgment Date
08 July 1999
Procedural Posture
Equal Opportunity Complaints Alleging Disability Discrimination in Employment, Sex Discrimination in Employment and Victimisation / Principal Matter
Outcome
Complaints dismissed with no order as to costs.
Legal Topics
['disability Discrimination' 'sex Discrimination' 'harassment' 'victimisation' 'employment Termination' 'work Cover Related Injury']
['anti Discrimination Law' 'employment Law'] ['disability Discrimination' 'sex Discrimination' 'harassment' 'victimisation' 'employment Termination' 'work Cover Related Injury']

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Procedural Posture

Equal Opportunity Complaints Alleging Disability Discrimination in Employment, Sex Discrimination in Employment and Victimisation / Principal Matter

Legal Issues

  1. 1 ['Whether the respondents discriminated against the applicant on the basis of disability by changing her working environment to her detriment after her injury.' 'Whether Mr Samuels harassed the applicant and whether the company condoned that conduct.' 'Whether the respondents discriminated against the applicant on the basis of sex in relation to bonuses paid to male and female employees.']

Ratio Decidendi

The Tribunal dismissed all complaints because it found no detrimental change in the applicant's working environment following her injury, accepted Mr Samuels' evidence where it conflicted with the applicant's and found no harassment, and held that the sex discrimination complaint about bonuses lacked substance because there was no contractual entitlement to a particular bonus and bonuses were discretionary.

Court Disposition

Complaints dismissed with no order as to costs.

Orders

  • ['Complaints are dismissed on 30 April 1999.' 'No order for costs.']