Thompson -v- Baulkham Hills Shire Council [2001] NSWADT 162

CITATION: Thompson -v- Baulkham Hills Shire Council [2001] NSWADT 162 DIVISION: Equal Opportunity Division APPLICANT Helen Thompson PARTIES: RESPONDENT Baulkham Hills Shire Council FILE NUMBER: 991122 6, 7, 8/11/2000 HEARING DATES: 26, 27/02/2001 21, 22/05/2001 SUBMISSIONS CLOSED: 05/22/2001 DATE OF DECISION: 09/24/2001

BEFORE: Bartley R - Judicial Member; Mooney L - Member; Strickland J - Member APPLICATION: Disability Discrimination - In work - Sex Discrimination - In work - Victimisation MATTER FOR DECISION: Principal matter LEGISLATION CITED : Anti-Discrimination Act 1977 CASES CITED: Vivesty v Simosis Montefiore Jewish Homes (1999) 92-987 (EOT) General Steel Industries Inc v Commissioner for Railways (NSW] 112 CLR 125, 192 ,130 APPLICANT REPRESENTATION: In person RESPONDENT E Brus, barrister ORDERS: 1. Complaints dismissed; 2. No order as to costs.

1 On 22nd October 1997 the Anti-Discrimination Board received a complaint under the Anti-Discrimination Act 1977 from Helen Thompson (hereinafter called the Applicant) against her employer, the Baulkham Hills Shire Council, (hereinafter called the Respondent] alleging discrimination on the grounds of sex and victimisation. 2 On 4th June 1998 the Anti-Discrimination Board received a further complaint under the Act, which the President of the Anti-Discrimination Board said, "disclosed a possible disability complaint". In that complaint the Applicant alleged that the Council discriminated against her on the ground of disability as one of the reasons, she said, for the Council's termination of her employment was its knowledge of her psychological condition for which she had submitted a Worker's Compensation Claim on 27 October 1997. 3 On 20 December 1999 the President said he believed that in the circumstances the complaints could not be conciliated and he referred them under section 94(1) of the Anti-Discrimination Act 1997 to the Equal Opportunity Division of the Administrative Decisions Tribunal. 4 On 6 November 2000 the hearing of the complaint commenced when the Applicant appeared on her own behalf and Ms Brus of Counsel appeared for the respondent. The hearing continued on 7 November 2000 and 8 November 2000, 26 February 2001, 27 February, 28 February 2001, 21 May 2001 and concluded on 22 May 2001. 5 At the hearing days in February 2000 Mr. Beckett of Counsel represented the Applicant. On the other hearing days she represented herself. Ms Brus of Counsel appeared for the Respondent throughout the hearing.