Tanase v South Eastern Area Health Service [1999] NSWADT 39

CITATION: Tanase v South Eastern Area Health Service [1999] NSWADT 39

DIVISION: Equal Opportunity

APPLICANT: Silvia Tanase

RESPONDENT: South Eastern Sydney Area Health Service

FILE NUMBER: 107 of 1998

HEARING DATES: 05/13/1999; 05/14/1999

SUBMISSIONS CLOSED: 05/14/1999

DATE OF DECISION: 15 June 1999

K Raphael - Judicial Member BEFORE: S Bullock - Member L Taksa - Member

PRIMARY LEGISLATION: Anti-Discrimination Act 1977

APPLICATION: Race Discrimination - Employment; Victimisation -

MATTER FOR DECISION: Principal matter

Applicant: In person REPRESENTATION: Respondent: K English, South Eastern Sydney Area Health Service

ORDERS: 1. The Tribunal awards the Applicant the sum of $12,500.00

1 Mrs Sylvia Tanase has brought a claim before this Tribunal against her former employers, Quality Food Services (QFS) which is a business unit of the South Eastern Sydney Area Health Service. Mrs Tanase claims that she was discriminated in her employment by reason of her nationality, her religion and her family status. Discrimination of this type is contrary to s8 and s40 of the Anti-Discrimination Act.

2 Mrs Tanase conducted her case herself with the assistance of her daughter. The Tribunal considered that Mrs Tanase's forensic skill was well above the level normally experienced from persons representing themselves and has no doubt that even with her slightly limited command of English she was able to put before the Tribunal all relevant facts and circumstances.

3 Mrs Tanase commenced employment as an assistant (Grade 1) in the catering section of Sutherland Hospital on 27 February 1995 and continued working in that capacity until she left the workplace, due to stress, on 30 May 1996.