Taikato and Nakhle v Western Sydney Area Health Service [1999] NSWADT 52

CITATION: Taikato and Nakhle v Western Sydney Area Health Service [1999] NSWADT 52

DIVISION: Equal Opportunity

APPLICANT: Jo-Anne Taikato and Gassan Nakhle

RESPONDENT: Western Sydney Area Health Service

FILE NUMBER: 7 of 1997

HEARING DATES: 02/15/1999; 02/16/1999; 02/17/1999

SUBMISSIONS CLOSED: 02/17/1999

DATE OF DECISION: 19 July 1999

G Ireland - Judicial Member BEFORE: K Edwards - Member O McDonald - Member

PRIMARY LEGISLATION: Anti Discrimination Act 1977

APPLICATION: Disability Discrimination - Goods and Services -

MATTER FOR DECISION: Principal matter

Applicant: K Chamberlain of counsel instructed by Penmans, Solicitors REPRESENTATION: Respondent: C Ronalds of counsel instructed by D Frew, solicitor

1. In relation to the claims of Ms Taikato against the Respondent: - That the claim of indirect discrimination under Section 49A (3) of the Act is not substantiated and is dismissed. - That the claim of unlawful discrimination in relation to the finding of direct discrimination, under Section 49K (1) (b) of the Act is substantiated. ORDERS: - That Section 49K (2) (a) and (b) of the Act does not apply to exclude the discrimination under Section 49A (1), from being unlawful. - That the Tribunal under Section 113 (1) (b) (i) of the Act directs that the Respondent pay by way of damages to Ms Taikato an amount of $15,000.00 within a period of 21 days from the date of this decision. 2. That the claim by Mr Nakhle under Section 49A (1) of the Act is not substantiated and is dismissed. 3. That either party be at liberty to apply to the Tribunal within 21 days from the date of this decision to seek an order for the payment of the costs of the parties arising out of this inquiry. If such an application is not made in this period, the Tribunal directs that there be no order as to the costs in relation to this inquiry.