Bestwick v Adecco Australia Pty Ltd [2012] NSWADT 156

Bestwick v Adecco Australia Pty Ltd [2012] NSWADT 156

Leave was granted because there were conflicting assertions about Adecco's treatment of employees needing leave and about whether pregnancy was a reason for ending Ms Bestwick's assignment, so the evidence needed to be tested. Leave was also granted against Essential Energy because, although Essential Energy denied instructing or permitting the termination, there was no evidence from Ms Edwards about what occurred in the meeting with Adecco and it was fair and just to allow Ms Bestwick to substantiate her case.

Jurisdiction
Australia
Judgment Date
06 August 2012
Procedural Posture
Interlocutory Applications / Application for Leave for Declined Discrimination Complaints to Proceed
Outcome
Leave granted for Ms Bestwick's complaints against Adecco Australia Pty Ltd and Essential Energy to proceed.
Legal Topics
['pregnancy Discrimination' 'leave to Proceed After Complaint Declined by President of the Anti Discrimination Board' 'direct Discrimination' 'liability for Causing, Instructing, Inducing, Aiding or Permitting Discrimination']
['anti Discrimination' 'employment' 'equal Opportunity'] ['pregnancy Discrimination' 'leave to Proceed After Complaint Declined by President of the Anti Discrimination Board' 'direct Discrimination' 'liability for Causing, Instructing, Inducing, Aiding or Permitting Discrimination']

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Procedural Posture

Interlocutory Applications / Application for Leave for Declined Discrimination Complaints to Proceed

Legal Issues

  1. 1 ["Whether it was fair and just for Ms Bestwick's pregnancy discrimination complaint against Adecco Australia Pty Ltd to proceed." "Whether it was fair and just for Ms Bestwick's complaint against Essential Energy to proceed on the basis that Essential Energy caused, instructed, induced, aided or permitted Adecco Australia Pty Ltd to discriminate against her."]

Ratio Decidendi

Leave was granted because there were conflicting assertions about Adecco's treatment of employees needing leave and about whether pregnancy was a reason for ending Ms Bestwick's assignment, so the evidence needed to be tested. Leave was also granted against Essential Energy because, although Essential Energy denied instructing or permitting the termination, there was no evidence from Ms Edwards about what occurred in the meeting with Adecco and it was fair and just to allow Ms Bestwick to substantiate her case.

Court Disposition

Leave granted for Ms Bestwick's complaints against Adecco Australia Pty Ltd and Essential Energy to proceed.

Orders

  • ["Leave is granted for Ms Bestwick's complaints against Adecco Australia Pty Ltd and Essential Energy to proceed." 'The complaints are listed for a case conference on 15 August 2012 at 12.15 pm.']