Toki -V- Bhp Steel [1996] NSWEOT

Toki -V- Bhp Steel [1996] NSWEOT

The complaint was dismissed because the complainant did not discharge the onus of proving direct or indirect sex discrimination in the respondent's recruitment process at the time of her application. The Tribunal accepted the respondent's evidence about its six-week retention policy for labouring applications and found no evidence that the complainant's application was treated discriminatorily. The requirements for a driver's licence, forklift ticket or crane licence were not inherently discriminatory because they were open to any member of the population irrespective of sex. The complaint was not frivolous or vexatious, so no costs order was made.

Jurisdiction
Australia
Judgment Date
21 February 1996
Procedural Posture
Sex Discrimination Complaint in the Area of Employment / Hearing Before the Equal Opportunity Tribunal of New South Wales After Referral by the Anti Discrimination Board
Outcome
Complaint dismissed; no order as to costs.
Legal Topics
['sex Discrimination' 'recruitment' 'direct Discrimination' 'indirect Discrimination' 'employment Application Retention' 'costs']
['discrimination Law' 'employment Law'] ['sex Discrimination' 'recruitment' 'direct Discrimination' 'indirect Discrimination' 'employment Application Retention' 'costs']

Case Brief

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Procedural Posture

Sex Discrimination Complaint in the Area of Employment / Hearing Before the Equal Opportunity Tribunal of New South Wales After Referral by the Anti Discrimination Board

Legal Issues

  1. 1 ['Whether the respondent discriminated against the complainant on the ground of sex in the arrangements for determining who should be offered employment or in determining who should be offered employment.' "Whether the respondent's recruitment requirements, including a driver's licence, forklift ticket or crane ticket, constituted indirect sex discrimination." 'Whether a costs order should be made against the complainant.']

Ratio Decidendi

The complaint was dismissed because the complainant did not discharge the onus of proving direct or indirect sex discrimination in the respondent's recruitment process at the time of her application. The Tribunal accepted the respondent's evidence about its six-week retention policy for labouring applications and found no evidence that the complainant's application was treated discriminatorily. The requirements for a driver's licence, forklift ticket or crane licence were not inherently discriminatory because they were open to any member of the population irrespective of sex. The complaint was not frivolous or vexatious, so no costs order was made.

Court Disposition

Complaint dismissed; no order as to costs.

Orders

  • ['The complaint is dismissed.' 'No order as to costs.']