Ehl - v - Department of Education and Training and NSW Teachers Federation [1999] NSWADT 102

Ehl - v - Department of Education and Training and NSW Teachers Federation [1999] NSWADT 102

The complaint against the Department could proceed only in relation to the 14 August 1996 fact finding interview because the Complainant had engaged in conduct referable to the Act by assisting Dr Sheldon in Equal Opportunity Tribunal proceedings and the material showed a nexus between that conduct and that inquiry. The 17 July 1996 interview concerned representation before GREAT and related leave and pay issues, so the Complainant could not establish the required causal relationship to conduct referable to the Act. The workplace restriction allegation was not in the written complaint or points of claim and was outside jurisdiction. The complaint against the Federation was dismissed...

Jurisdiction
Australia
Judgment Date
25 November 1999
Procedural Posture
Application to Dismiss Complaints Under Section 111 of the Anti Discrimination Act 1977 / Pre Hearing Application Before the Administrative Decisions Tribunal
Outcome
Department's application granted in part; Federation's application granted. The complaint of victimisation by the Department through the fact finding interview on 14 August 1996 was to proceed to a merits hearing, but otherwise the complaints against the Department were dismissed and the complaint against the...
Legal Topics
['victimisation' 'aiding and Abetting' 'dismissal of Complaint Under Section 111' 'jurisdiction of Complaint Referred by President of the Anti Discrimination Board']
['anti Discrimination Law' 'equal Opportunity'] ['victimisation' 'aiding and Abetting' 'dismissal of Complaint Under Section 111' 'jurisdiction of Complaint Referred by President of the Anti Discrimination Board']

Case Brief

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Procedural Posture

Application to Dismiss Complaints Under Section 111 of the Anti Discrimination Act 1977 / Pre Hearing Application Before the Administrative Decisions Tribunal

Legal Issues

  1. 1 ['Whether the complaints should be dismissed under section 111 of the Anti-Discrimination Act 1977 as frivolous, vexatious, misconceived, lacking in substance or failing to disclose a breach of the Act.' "Whether the Department's fact finding interview on 14 August 1996 had a sufficient nexus with the Complainant's assistance to Dr Sheldon in Equal Opportunity Tribunal proceedings to proceed to a merits hearing." "Whether the Department's fact finding interview on 17 July 1996 was causally related to conduct by the Complainant referable to the Anti-Discrimination Act 1977." "Whether allegations about restricting the Complainant's workplace movements were within the complaint before the Tribunal." "Whether the NSW Teachers Federation aided and abetted the Department's alleged victimisation by transmitting the TAFETA document to the Department."]

Ratio Decidendi

The complaint against the Department could proceed only in relation to the 14 August 1996 fact finding interview because the Complainant had engaged in conduct referable to the Act by assisting Dr Sheldon in Equal Opportunity Tribunal proceedings and the material showed a nexus between that conduct and that inquiry. The 17 July 1996 interview concerned representation before GREAT and related leave and pay issues, so the Complainant could not establish the required causal relationship to conduct referable to the Act. The workplace restriction allegation was not in the written complaint or points of claim and was outside jurisdiction. The complaint against the Federation was dismissed...

Court Disposition

Department's application granted in part; Federation's application granted. The complaint of victimisation by the Department through the fact finding interview on 14 August 1996 was to proceed to a merits hearing, but otherwise the complaints against the Department were dismissed and the complaint against the...

Orders

  • ["Department's application granted in part." "Federation's application granted." 'Each party is to pay its own costs.']