Bree -v- Lupevo Pty Ltd trading as Ampol Nabiac [2001] NSWADT 106

CITATION: Bree -v- Lupevo Pty Ltd trading as Ampol Nabiac [2001] NSWADT 106 DIVISION: Equal Opportunity Division APPLICANT PARTIES: Roxford Bree RESPONDENT Lupevo Pty Limited trading as Ampol Nabiac FILE NUMBER: 001051 HEARING DATES: 13/0/6/2001 SUBMISSIONS CLOSED: 05/11/2001 DATE OF DECISION: 06/13/2001

BEFORE: Bell N - Judicial Member; Clayton S - Member; Silva A - Member APPLICATION: Dismissal of complaint - frivolous, vexatious, misconceived or lacking in substance - Joinder of parties - Jurisdiction MATTER FOR DECISION: Preliminary matter Anti-Discrimination Act 1977 LEGISLATION CITED : Industrial Relations Act 1988 (Cth) Workplace Ralations Act 1996 (Cth) CASES CITED: APPLICANT REPRESENTATION: D Fryatt, solicitor RESPONDENT B Baker, solicitor ORDERS: 1 The Tribunal directs that notice in writing pursuant to section 98(2) of the A D Act be given by the Registry of the Tribunal to Mr David Clarke and to Mrs Tonya Clarke that they are each joined as Respondents to this application.; 2 The Tribunal dismisses the application by the Respondent under section 111 of the A D Act.; 3 The Tribunal directs that the application be listed for further case conference following the service by the Registry of the notice under section 98(2) of the A D Act.

1 The complaint by Mr Roxford Bree referred to the Tribunal on 20 September 2000 by the President of the Anti-Discrimination Board ("the Board") concerns alleged sex discrimination in the area of employment and victimization. Very briefly, Mr Bree's allegations are that the Respondent instituted and acted on a policy that male employees not be permitted to wear earrings to work. The place of employment of the Applicant was a service station. Mr Bree alleges that because of his refusal to abide by this alleged policy he was dismissed by the Respondent. The Respondent to the complaint, as named by the Board, Lupevo Pty. Ltd trading as Ampol Nabiac, has applied to the tribunal to dismiss the complaint pursuant to section 111 of the Anti-Discrimination Act 1977 ("the A D Act").