Kulpa v Campbelltown City Council [1999] NSWADT 30

CITATION: Kulpa v Campbelltown City Council [1999] NSWADT 30

DIVISION: Equal Opportunity

APPLICANT: Kazimierz Kulpa

RESPONDENT: Campbelltown City Council

FILE NUMBER: 85 of 1998

HEARING DATES: 12/10/1998

SUBMISSIONS CLOSED: 12/10/1998

DATE OF DECISION: 22 April 1999

P King - Judicial Member BEFORE: S Clayton - Member K Edwards [Dissenting] - Member

PRIMARY LEGISLATION: Anti-Discrimination Act 1977

APPLICATION: Race Discrimination - Employment -

MATTER FOR DECISION: Principal matter

Applicant: In person REPRESENTATION: Respondent: S Winters of Counsel instructed by Marsdens

ORDERS: 1. Complaint has not been substantiated.

PER KING AND CLAYTON: 1 In this matter Mr Kulpa lodged a complaint under the Anti-Discrimination Act 1977 (NSW) with the Anti-Discrimination Board on 20 August 1996 alleging Discrimination on the ground of race in the area of his employment against the Campbelltown City Council. Following an investigation of the complaint by the Board and attempts to conciliate the matter, the complaint was referred to the Equal Opportunity Tribunal for enquiry pursuant to s94(1) of the Act. Pursuant to administrative arrangements now in place, the hearing has been conducted by the newly constituted Administrative Decisions Tribunal, Equal Opportunity Division.

2 Mr Kulpa was born in Poland near Krakow and in that country obtained a high level of qualification at school and in technical college after leaving school before emigrating to Australia. English is not the first language of Poles. In Poland he became qualified with the right to use the title of "building technician" with a specialisation in general building. After arriving in Australia the Committee on Overseas Professional Qualifications, expert evaluation panel, wrote to Mr Kulpa, having investigated his qualifications and achievements in Poland, on 3 June 1992, assessed his qualifications as comparable, in general academic terms, to a four year part time Australian Technical and Further Education (TAFE) certificate in building technology. He also qualified in academic terms as having reached a level of an Australian Higher School Certificate. Having arrived in Australia he worked in the construction and building maintenance industry in his area of skills as a skilled painter and later as a supervisor for over 16 years. It is acknowledged by the respondent that he is a competent tradesman and supervisor.