Egan -V- Ramsey Meats Pty Limited (In Liquidation), Long And Parker [1997] NSWEOT

Egan -V- Ramsey Meats Pty Limited (In Liquidation), Long And Parker [1997] NSWEOT

The Tribunal found that although the complainant was not unlawfully discriminated against on the grounds of race or sex, nor subject to actionable sexual harassment under the law as it then stood, she was unlawfully victimised in contravention of s50 of the Anti Discrimination Act (NSW) by being dismissed because it was suspected she would make a complaint of sexual harassment. Damages for loss of income and distress were awarded, apportioned 80% to Mr Parker and 20% to Mr Long.

Parties
Complainant: Esperanza Egan; Respondent: Ramsey Meats Pty Limited (in liquidation); Respondent: Brian Long; Respondent: Stanley Parker
Jurisdiction
Australia
Judgment Date
01 December 1997
Procedural Posture
Discrimination/equal Opportunity / Judgment
Outcome
Complaint of victimisation upheld; complaints of discrimination on ground of race, sex, and sexual harassment dismissed; apportionment of damages between respondents; no order for costs.
Legal Topics
Victimisation, Discrimination Based on Race, Discrimination Based on Sex, Sexual Harassment, Damages, Termination of Employment
Anti Discrimination Law Employment Law Victimisation Discrimination Based on Race Discrimination Based on Sex Sexual Harassment Damages Termination of Employment

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Parties

Esperanza Egan

Complainant

Ramsey Meats Pty Limited (in liquidation)

Respondent

Brian Long

Respondent

Stanley Parker

Respondent

Procedural Posture

Discrimination/equal Opportunity / Judgment

Legal Issues

  1. 1 Whether the complainant was unlawfully discriminated against on the ground of race in employment conditions or dismissal
  2. 2 Whether the complainant was unlawfully discriminated against on the ground of sex or subject to sexual harassment
  3. 3 Whether the complainant was victimised in contravention of s50 of the Anti-Discrimination Act (NSW)

Ratio Decidendi

The Tribunal found that although the complainant was not unlawfully discriminated against on the grounds of race or sex, nor subject to actionable sexual harassment under the law as it then stood, she was unlawfully victimised in contravention of s50 of the Anti Discrimination Act (NSW) by being dismissed because it was suspected she would make a complaint of sexual harassment. Damages for loss of income and distress were awarded, apportioned 80% to Mr Parker and 20% to Mr Long.

Court Disposition

Complaint of victimisation upheld; complaints of discrimination on ground of race, sex, and sexual harassment dismissed; apportionment of damages between respondents; no order for costs.

Orders

  • Mr Long to pay Ms Egan $2,055.05 (compensation for loss and damages)
  • Mr Parker to pay Ms Egan $8,220.23 (compensation for loss and damages)