Kennedy -V- Maher & Holmes Advertising Pty. Limited (No. 1) [1996] NSWEOT

At this stage, the evidence is capable of establishing the claims of unlawful sex discrimination (at least indirect discrimination) and victimisation; summary dismissal under section 111(1) should not be granted.

Jurisdiction: Australia
Judgment Date: 15 October 1996
Procedural Posture: Sex Discrimination and Victimisation Complaint / Interlocutory Application for Summary Dismissal Under Section 111(1) of the Anti Discrimination Act 1977
Outcome: Application for dismissal dismissed; all complaints to proceed to full hearing.
Legal Topics: ['sex Discrimination' 'victimisation' 'maternity Leave' 'summary Dismissal']

['anti Discrimination Law' 'employment Law'] ['sex Discrimination' 'victimisation' 'maternity Leave' 'summary Dismissal']

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Procedural Posture

Sex Discrimination and Victimisation Complaint / Interlocutory Application for Summary Dismissal Under Section 111(1) of the Anti Discrimination Act 1977

Legal Issues

1 ["Whether complainant's evidence is capable of substantiating claims of sex discrimination under sections 24 and 25(2) of the Anti-Discrimination Act 1977" "Whether complainant's evidence is capable of substantiating claims of victimisation under section 50 of the Act" 'Whether a comparison with a male employee is necessary for direct discrimination under section 24(1)(a)' 'Whether indirect discrimination may be established based on different conditions of employment after maternity leave']

Ratio Decidendi

Court Disposition

Application for dismissal dismissed; all complaints to proceed to full hearing.

Orders

['The application by the respondent under section 111(1) of the Act for dismissal of the complaints is dismissed.']