Oreb -v- Discovery Clothing Company Pty Ltd [2001] NSWADT 48

CITATION: Oreb -v- Discovery Clothing Company Pty Ltd [2001] NSWADT 48 DIVISION: Equal Opportunity Division APPLICANT PARTIES: Nila Oreb RESPONDENT Discovery Clothing Company Pty Ltd FILE NUMBER: 001043 HEARING DATES: 29/11/2000 30/11/2000 SUBMISSIONS CLOSED: 12/05/2000 DATE OF DECISION: 03/26/2001

BEFORE: Rice S - Judicial Member; Antonios Z - Member; Jowett T - Member APPLICATION: Disability Discrimination - In work MATTER FOR DECISION: Principal matter LEGISLATION CITED : Anti-Discrimination Act 1977 CASES CITED: Tate v Rafin and Wollongong District Cricket Club Inc [2000] FCA 1582. APPLICANT REPRESENTATION: S Winter, barrister RESPONDENT K Eastman, barrister ORDERS: 1. Pursuant to s113(a) of the Anti-Discrimination Act the complaint is dismissed.; 2. Pursuant to s114(1) of the Anti-Discrimination Act, and having regard to s114(2), each party shall pay their own costs.

Decision 1 For the reasons we give below, the complaint is dismissed.

Complaint 2 Ms Nila Oreb complained to the Anti-Discrimination Board that she was discriminated against in employment, on the ground of her disability, by being dismissed. Ms Oreb brought to the Board's attention a letter dated 4 December 1996 she received from her employer, the relevant part of which says: In view of the operating requirements of the business, and your ongoing condition, we are no longer able to leave your position vacant. Accordingly we have no alternative but to terminate your employment with the Company. 3 The President of the Board was unsuccessful in attempting to resolve the complaint by conciliation, and referred it to this Tribunal for inquiry.