Pango-Frias -V- Miodrag-Peric, Tosich, Dobrich & Ilic [1998] NSWEOT

Pango-Frias -V- Miodrag-Peric, Tosich, Dobrich & Ilic [1998] NSWEOT

The Tribunal accepted the Respondent's version of the statement made, finding it was not a direction or requirement but a reasonable suggestion in context, and that the Complainant did not discharge her burden of proof in establishing the allegations of discrimination under the Act.

Jurisdiction
Australia
Judgment Date
22 September 1998
Procedural Posture
Complaint / Judgment
Outcome
complaint dismissed
Legal Topics
['indirect Discrimination' 'employment Discrimination' 'burden of Proof']
['anti Discrimination'] ['indirect Discrimination' 'employment Discrimination' 'burden of Proof']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Complaint / Judgment

Legal Issues

  1. 1 ['Whether a statement made by Dr Savic-Urosevic to the Complainant constituted indirect discrimination under Section 24(1)(b) of the Anti-Discrimination Act 1977' 'Whether the words used were a direction or requirement imposed as a term of employment' 'Whether the Complainant established that the alleged discriminatory statement was made']

Ratio Decidendi

The Tribunal accepted the Respondent's version of the statement made, finding it was not a direction or requirement but a reasonable suggestion in context, and that the Complainant did not discharge her burden of proof in establishing the allegations of discrimination under the Act.

Court Disposition

complaint dismissed

Orders

  • ['Complaint arising out of paragraph seven (7) of the statement of the Complainant filed with the Tribunal is dismissed.' 'No order as to costs in relation to this inquiry.']