Ravel v Plastral Fidene Pty Ltd [1999] NSWADT 18

CITATION: Ravel v Plastral Fidene Pty Ltd [1999] NSWADT 18

DIVISION: Equal Opportunity

APPLICANT: Ravel

RESPONDENT: Plastral Fidene Pty Ltd

FILE NUMBER: 77 of 1998

HEARING DATES: 02/12/1999

SUBMISSIONS CLOSED: 02/12/1999

DATE OF DECISION: 12 February 1999

G Innes AM - Judicial Member BEFORE: S Bullock - Member L Taksa - Member

PRIMARY LEGISLATION: Anti Discrimination Act 1977

APPLICATION: Race Discrimination - Employment - Race Discrimination against a contract worker

MATTER FOR DECISION: S 111 Application

Applicant: In person REPRESENTATION: Respondent: P Hanna of Counsel instructed by Tress Cocks & Maddox Solicitors

ORDERS: 1. Complaint be dismissed. 2. No order as to cost.

INTRODUCTION 1 On 9 December 1997, Ms Rosalind Ravel lodged a complaint with the New South Wales Anti-Discrimination Board alleging that she had been discriminated against on the ground of her race, in breach of ss 7 and 10 of the New South Wales Anti-Discrimination Act 1977 as amended, the Act. The complaint was lodged against Plastral Fidene Pty Limited, and alleged that employees of that company had used racist epithets towards the complainant during her period of contract work with the company in mid-1987.

2 The President of the Board investigated the complaint, and declined it as lacking in substance under s 90(1) of the Act on 5 May 1998. The complainant chose, as is her right under s 91(1) to have the matter referred to the Equal Opportunity Tribunal for hearing on 20 May 1998.