Hendrickson v Yarra Bay 16 ft Skiff Sailing Club Ltd [2011] NSWADT 37

Hendrickson v Yarra Bay 16 ft Skiff Sailing Club Ltd [2011] NSWADT 37

The Tribunal was not satisfied that the established incidents constituted unlawful race discrimination by the Club or that any racially hostile work environment was caused, tolerated or left unaddressed by the Club. Many alleged comments or acts were not proved, were not directed at Ms Hendrickson, or were conduct of members or directors acting in a private capacity rather than as agents of the Club. Although racist graffiti existed and was known to the Club, the Club acted to remove and prevent it. As to termination, the Tribunal was satisfied that directors had significant and sufficient genuinely held concerns about Ms Hendrickson's work performance, and was not satisfied that her race...

Jurisdiction
Australia
Judgment Date
24 February 2011
Procedural Posture
Complaints Under the Anti Discrimination Act 1977 Alleging Race Discrimination in Employment and Victimisation / Principal Judgment After Inquiry
Outcome
Both complaints dismissed.
Legal Topics
['race Discrimination' 'racially Hostile Work Environment' 'victimisation' 'attributed Liability' "directors' Liability" 'termination of Employment']
['anti Discrimination Law' 'employment Law' 'administrative Law'] ['race Discrimination' 'racially Hostile Work Environment' 'victimisation' 'attributed Liability' "directors' Liability" 'termination of Employment']

Case Brief

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Procedural Posture

Complaints Under the Anti Discrimination Act 1977 Alleging Race Discrimination in Employment and Victimisation / Principal Judgment After Inquiry

Legal Issues

  1. 1 ['Whether the Club discriminated against Ms Hendrickson because of her race in the terms and conditions of her employment by creating or tolerating a racially hostile work environment.' 'Whether alleged conduct of individual members or directors could be attributed to the Club under the Anti-Discrimination Act 1977.' 'Whether the Club discriminated against Ms Hendrickson because of her race by terminating her employment.' 'Whether the Club victimised Ms Hendrickson by terminating her employment because she had complained of discrimination.']

Ratio Decidendi

The Tribunal was not satisfied that the established incidents constituted unlawful race discrimination by the Club or that any racially hostile work environment was caused, tolerated or left unaddressed by the Club. Many alleged comments or acts were not proved, were not directed at Ms Hendrickson, or were conduct of members or directors acting in a private capacity rather than as agents of the Club. Although racist graffiti existed and was known to the Club, the Club acted to remove and prevent it. As to termination, the Tribunal was satisfied that directors had significant and sufficient genuinely held concerns about Ms Hendrickson's work performance, and was not satisfied that her race...

Court Disposition

Both complaints dismissed.

Orders

  • ['The first complaint is dismissed.' 'The second complaint is dismissed.' 'Any application for costs will be filed and served within seven days of the date of publication of this decision, and any reply to such application will be filed and served within a further seven days.']