Carle -v- Penrith Rugby League Club Limited [2001] NSWADT 29

CITATION: Carle -v- Penrith Rugby League Club Limited [2001] NSWADT 29 DIVISION: Equal Opportunity Division APPLICANT PARTIES: Marie Carle RESPONDENT Penrith Rugby League Club Limited FILE NUMBER: 001020 12/12/2000 HEARING DATES: 13/12/2000 14/12/2000 SUBMISSIONS CLOSED: 12/14/2000 DATE OF DECISION: 02/21/2001

BEFORE: Bartley R - Judicial Member; Silva A - Member; Mooney L - Member APPLICATION: Disability Discrimination - In work - Victimisation MATTER FOR DECISION: Principal matter LEGISLATION CITED : Anti-Discrimination Act 1977 CASES CITED: APPLICANT REPRESENTATION: A Britt, barrister RESPONDENT J Murphy, barrister ORDERS: 1. The Tribunal directs the Respondent to pay to the Applicant the sum of $10,274.00 by way of compensation; 2. No order as to costs.

Reasons for Decision

1 The Complainant commenced employment as a casual security officer at the Penrith Rugby Leagues Club in October 1989.

2 On 5.11.97 she lodged a complaint of disability Discrimination with the Anti-Discrimination Board against the Respondent claiming that she had been refused a permanent part-time security officer's position on the basis of the fact she had asthma.

3 On 16 December 1997 the Board received a further complaint in which the complainant stated her hours of work as a casual security officer with the Respondent had been reduced after she had complained about not getting the permanent part time security officer position.

4 On 28 June 1999 she made a further complaint of disability discrimination in which she said she was told to wear an earpiece at work or she would be taken off security work even though she had a medical certificate stating that she could not wear an earpiece due to recurrent ear inflammation.