Zanella -v- Carroll's Auto Repairs Pty Ltd & anor [2001] NSWADT 220

CITATION: Zanella -v- Carroll's Auto Repairs Pty Ltd & anor [2001] NSWADT 220 DIVISION: Equal Opportunity Division APPLICANT Anna Zannella PARTIES: RESPONDENTS Carroll's Auto Repairs Pty Ltd Motor Vehicle Repair Industry Council FILE NUMBER: 001070; 001071 HEARING DATES: 30/03/2001, 21/06/2001, 22/06/2001 SUBMISSIONS CLOSED: 06/22/2001 DATE OF DECISION: 12/21/2001

BEFORE: Bell N - Judicial Member; Lau L - Member; Strickland J - Member APPLICATION: Sexual Harassment - Goods and Services MATTER FOR DECISION: Principal matter LEGISLATION CITED : Anti-Discrimination Act 1977 Administrative Decisions Tribunal Act 1997 CASES CITED: Crewdson -v- President, Anti-Discrimination Board [2000] NSWADT 60 APPLICANT In person REPRESENTATION: RESPONDENTS P Livingstone, barrister E Brus, barrister ORDERS: 1. Complaints dismissed; 2. No order as to costs.

1 Ms Zannella has complained against two Respondents, the first Carroll's Auto Repairs Pty Ltd ("Carroll's"), and the second, the Motor Vehicle Repair Council ("the MVRIC"). In relation to Carroll's she has complained of sex discrimination and sexual harassment in the provision of goods and services. In respect of the MVRIC she has complained of sex discrimination and of sexual harassment. 2 The common ground in this matter is that in early March 1998 Ms Zannella returned her car, a 1985/86 Daihatsu Charade turbo hatchback, to Carroll's Auto Repairs where it had originally been repaired for a leaking oil pipe in January or February 1998. At the time of the repair the car had traveled approximately 250,000 kilometres. 3 After some discussion about whether a second hand part should be used in the further repair, a second hand part located by Ms Zannella was installed for her by Carroll's. 4 In mid May 1998 another oil leak occurred. Ms Zannella approached Carroll's to have the oil leaked fixed. After some discussion and disagreement about responsibility for the problem, an attempt by Carroll's to modify the second hand part, and after Ms Zannella had contacted the MVRIC about the matter, an inspection, arranged by the MVRIC was held at Carroll's premises on 17 July 1998. The MVRIC Inspector was not able to assist Ms Zannella and Carroll's with their dispute. 5 Ms Zannella then lodged a complaint with the Motor Vehicle Repair Disputes Committee ("the Committee"). The Committee heard the matter on 4 September 1998. The hearing was adjourned to a later date to allow Ms Zannella to obtain further evidence. Ms Zannella did not pursue the matter. 6 In relation to Carroll's, Ms Zannella alleges that Carroll's failure to fix the oil leak in her car was on the grounds of her gender. She also alleges that at the inspection of the car on 17 July 1998 there was visible in the workshop area where the inspection took place a calendar on which were two photographs of partially or totally naked women. In addition, at this inspection, Mr Shea of Carroll's placed oil in the car in order to aid the inspection of the car. Ms Zannella alleges that this was done by Mr Shea holding the oil bottle at thigh level and pouring the oil in a phallic gesture. She argues that these incidents constituted sexual harassment. 7 As to the MVRIC, Ms Zannella alleges that at the hearing of her complaint by the Committee, Mr Munro, Chairman of the Committee failed to give her a fair hearing and showed preference to Carroll's. Ms Zannella also alleges that through its inspector, Mr Clancy, the MVRIC aided and abetted the alleged sex discrimination and sexual harassment by Carroll's. 8 Ms Zannella also alleges that the MVRIC inspector Mr Clancy failed to correctly diagnose the problem with Ms Zannella's car and this was due to his having aligned with Carroll's against Ms Zannella on the basis of her sex.