Wakim -V- Franklins Limited [1997] NSWEOT

Wakim -V- Franklins Limited [1997] NSWEOT

The race discrimination complaint was not substantiated because, despite some hesitation in accepting Mr Walton's denials and despite probable use of the word 'ethnic' at rallies, the Tribunal was not satisfied that the alleged discriminatory statements directed to Mrs Wakim occurred, that rally remarks were used in an offensive context, or that any less favourable treatment was causally connected to her race. The victimisation complaint was substantiated because after Mrs Wakim alleged discrimination on 7 December 1994, the Respondent's management and staff subjected her to unjustified and unreasonable pressure, including unfair performance criticism and warning processes, causally...

Jurisdiction
Australia
Judgment Date
25 June 1997
Procedural Posture
Complaint of Discrimination on the Ground of Race in Employment and Unlawful Victimisation Under the Anti Discrimination Act 1977 (nsw) / Judgment After Inquiry by the Equal Opportunity Tribunal of New South Wales
Outcome
The complaint of race discrimination was dismissed; the complaint of victimisation was substantiated; the Respondent was ordered to pay damages of $10,260; costs were reserved for possible application within 21 days.
Legal Topics
['race Discrimination in Employment' 'direct Discrimination' 'victimisation' 'workplace Detriment' 'compensation for Hurt and Stress' 'costs']
['anti Discrimination Law' 'employment Law'] ['race Discrimination in Employment' 'direct Discrimination' 'victimisation' 'workplace Detriment' 'compensation for Hurt and Stress' 'costs']

Case Brief

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Procedural Posture

Complaint of Discrimination on the Ground of Race in Employment and Unlawful Victimisation Under the Anti Discrimination Act 1977 (nsw) / Judgment After Inquiry by the Equal Opportunity Tribunal of New South Wales

Legal Issues

  1. 1 ['Whether the Respondent discriminated against the Complainant on the ground of race under section 7(1)(a) of the Anti-Discrimination Act 1977 (NSW), in circumstances alleged to be unlawful under section 8 of the Act.' 'Whether, after the Complainant alleged racial discrimination on 7 December 1994, the Respondent subjected her to detriments on that ground contrary to section 50 of the Anti-Discrimination Act 1977 (NSW).' 'Whether the Respondent was liable under section 53(1) of the Anti-Discrimination Act 1977 (NSW) for acts of its employees.' 'What compensation, if any, should be awarded for the substantiated complaint of victimisation.']

Ratio Decidendi

The race discrimination complaint was not substantiated because, despite some hesitation in accepting Mr Walton's denials and despite probable use of the word 'ethnic' at rallies, the Tribunal was not satisfied that the alleged discriminatory statements directed to Mrs Wakim occurred, that rally remarks were used in an offensive context, or that any less favourable treatment was causally connected to her race. The victimisation complaint was substantiated because after Mrs Wakim alleged discrimination on 7 December 1994, the Respondent's management and staff subjected her to unjustified and unreasonable pressure, including unfair performance criticism and warning processes, causally...

Court Disposition

The complaint of race discrimination was dismissed; the complaint of victimisation was substantiated; the Respondent was ordered to pay damages of $10,260; costs were reserved for possible application within 21 days.

Orders

  • ['The complaint that the Respondent discriminated against the Complainant on the ground of her race under section 7(1)(a) of the Anti-Discrimination Act 1977 (NSW) is dismissed.' 'The Respondent is to pay the Complainant $9,000 by way of compensation for stress and hurt caused by victimisation.' 'The Respondent is...