Williams -V- Regional Publishers Pty. Limited [1997] NSWEOT

Williams -V- Regional Publishers Pty. Limited [1997] NSWEOT

The Tribunal found that the complainant was transferred because she was married to a fellow employee who left to join a rival company, constituting discrimination on the basis of marital status, and that the respondent’s professed reason of protection of commercially sensitive information was not the real reason for the transfer.

Parties
Complainant: Ms Margaret Williams; Respondent: Regional Publishers Pty. Limited
Jurisdiction
Australia
Judgment Date
19 March 1997
Procedural Posture
Complaint / Judgment
Outcome
Complaint 121 of 1996 proved, others dismissed.
Legal Topics
Discrimination on Marital Status, Sex Discrimination, Victimisation in Employment
Employment Law Anti Discrimination Law Discrimination on Marital Status Sex Discrimination Victimisation in Employment

Case Brief

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Parties

Ms Margaret Williams

Complainant

Regional Publishers Pty. Limited

Respondent

Procedural Posture

Complaint / Judgment

Legal Issues

  1. 1 Whether the transfer of the complainant amounted to unlawful discrimination on the basis of marital status.
  2. 2 Whether there was discrimination on the basis of sex.
  3. 3 Whether there was victimisation following earlier complaint.

Ratio Decidendi

The Tribunal found that the complainant was transferred because she was married to a fellow employee who left to join a rival company, constituting discrimination on the basis of marital status, and that the respondent’s professed reason of protection of commercially sensitive information was not the real reason for the transfer.

Court Disposition

Complaint 121 of 1996 proved, others dismissed.

Orders

  • Respondent to pay complainant $10,000 in general damages.
  • Respondent to reinstate complainant to her old position.