Bree -v- Lupevo Pty Limited & Ors [2003] NSWADT 47

Bree -v- Lupevo Pty Limited & Ors [2003] NSWADT 47

The Tribunal found that the respondent’s objection to the applicant’s wearing of an earring was at least one of the reasons for his dismissal and that female employees were permitted to wear earrings, thus the dismissal constituted direct sex discrimination under sections 24(1)(a) and 25(2)(c) of the Act.

Jurisdiction
Australia
Judgment Date
11 March 2003
Procedural Posture
Sex Discrimination in Employment / Merits Decision
Outcome
Complaint upheld; finding of unlawful sex discrimination against applicant.
Legal Topics
['sex Discrimination' 'dismissal' 'personal Presentation Policies' 'compensation']
['anti Discrimination' 'employment'] ['sex Discrimination' 'dismissal' 'personal Presentation Policies' 'compensation']

Case Brief

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Procedural Posture

Sex Discrimination in Employment / Merits Decision

Legal Issues

  1. 1 ['Whether the applicant was unlawfully discriminated against on the basis of sex under the Anti-Discrimination Act 1977' 'Whether dismissal of the applicant was causally connected to discriminatory conduct' 'Whether the personal presentation policy was applied in a discriminatory manner']

Ratio Decidendi

The Tribunal found that the respondent’s objection to the applicant’s wearing of an earring was at least one of the reasons for his dismissal and that female employees were permitted to wear earrings, thus the dismissal constituted direct sex discrimination under sections 24(1)(a) and 25(2)(c) of the Act.

Court Disposition

Complaint upheld; finding of unlawful sex discrimination against applicant.

Orders

  • ['The Respondent pay to the Applicant by way of compensation for the unlawful discrimination of the Applicant, a total amount by way of compensation in the sum of $16,956.00.' 'The Respondent pay to the Applicant the costs and expenses incurred by the Applicant in the making of his complaint and the holding of this...