Dixon -v- RNJ Sicame Pty Ltd & anor; Sims -v- RNJ Sicame Pty Ltd & anor [2002] NSWADT 154

Dixon -v- RNJ Sicame Pty Ltd & anor; Sims -v- RNJ Sicame Pty Ltd & anor [2002] NSWADT 154

The joinder applications were refused because the complaints referred to the Tribunal did not allege sexual harassment or other unlawful conduct by the proposed additional parties, and the Tribunal could not recast or determine allegations outside the referred complaints. Conduct said to have occurred on the picket line, if established, might defeat the complaints against the respondents, but would not permit orders against the proposed additional parties in the absence of a referred complaint against them. The Tribunal was also not satisfied that a prima facie case existed that Ms Dixon or the union permitted the alleged harassment under s 52, because the alleged ability to raise...

Jurisdiction
Australia
Judgment Date
30 August 2002
Procedural Posture
Joinder of Parties in Complaints of Sexual Harassment and Sex Discrimination / Preliminary Decision
Outcome
Applications for joinder refused; costs application deferred; procedural directions made.
Legal Topics
['joinder of Parties' 'sexual Harassment' 'sex Discrimination' 'vicarious Liability' 'accessorial Liability' 'tribunal Jurisdiction']
['anti Discrimination Law' 'administrative Law' 'employment Law'] ['joinder of Parties' 'sexual Harassment' 'sex Discrimination' 'vicarious Liability' 'accessorial Liability' 'tribunal Jurisdiction']

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Procedural Posture

Joinder of Parties in Complaints of Sexual Harassment and Sex Discrimination / Preliminary Decision

Legal Issues

  1. 1 ['Whether the Automotive, Food, Metal, Engineering, Printing and Kindred Industries Union, NSW Branch, Sandra Zuliani and Martin Cartwright ought to be joined to proceedings 011076 and 011078.' 'Whether the interests of the proposed additional parties were likely to be affected by determination of the complaints referred by the President of the Anti-Discrimination Board.' 'Whether there was a clear link between the proposed additional parties and the existing complaints.' 'Whether the Tribunal had jurisdiction to determine allegations about conduct on a union picket line that were not part of the complaints referred to it.' 'Whether a prima facie case was disclosed that Ms Dixon or the union permitted unlawful conduct within s 52 of the Anti-Discrimination Act 1977.']

Ratio Decidendi

The joinder applications were refused because the complaints referred to the Tribunal did not allege sexual harassment or other unlawful conduct by the proposed additional parties, and the Tribunal could not recast or determine allegations outside the referred complaints. Conduct said to have occurred on the picket line, if established, might defeat the complaints against the respondents, but would not permit orders against the proposed additional parties in the absence of a referred complaint against them. The Tribunal was also not satisfied that a prima facie case existed that Ms Dixon or the union permitted the alleged harassment under s 52, because the alleged ability to raise...

Court Disposition

Applications for joinder refused; costs application deferred; procedural directions made.

Orders

  • ['Applications to join the Automotive, Food, Metal, Engineering, Printing and Kindred Industries Union, NSW Branch, Sandra Zuliani and Martin Cartwright to proceedings 011076 and 011078 are refused.' 'Application for costs to be determined at the conclusion of the proceedings.' 'The applicants to file and serve...