Virveste v Sir Moses Montefiore Jewish Home [1999] NSWADT 9

CITATION: Virveste v Sir Moses Montefiore Jewish Home [1999] NSWADT 9

DIVISION: Equal Opportunity

APPLICANT: Rowena Virveste

RESPONDENT: Sir Moses Montefiore Jewish Home

FILE NUMBER: 152 of 1996

HEARING DATES: 16/06/97; 17/06/97; 18/06/97; 15/07/97; 01/02/99

SUBMISSIONS CLOSED: 01/02/99

DATE OF DECISION: 18 March 1999

Graeme Innes AM - Judicial Member BEFORE: Merilyn Alt - Member Owen McDonald OAM - Member

PRIMARY LEGISLATION: Anti Discrimination Act 1977

APPLICATION: Race Discrimination - Employment -

MATTER FOR DECISION: Principal matter

Applicant: In person on 16/06/97, 17/06/97, 01/02/99 M Anstee instructed by Remington & Co on 18/6/97 REPRESENTATION: Respondent: R Moore of Cournsel

ORDERS: 1.Complaint dismissed on 1 February 1999. 2. Any application for costs to be made within 14 days of date of publication of decision.

Introduction 1 On 16 December 1994 Ms Rowena Virveste lodged a complaint under the NSW Anti-Discrimination Act 1977 ("The Act") alleging discrimination on the ground of race. The complaint was lodged against the Sir Moses

2 Montefiore Jewish Home (The Home) and related to Ms Virveste's employment at the home. On 26 April 1996 the President of the Anti-Discrimination Board declined to entertain the complaint further on the basis that it was lacking in substance under s. 90 (1) of the Act. The complainant requested that the matter be referred to the Equal Opportunity Tribunal (as it then was) for hearing under s. 91 (2) of the Act.

3 The complaint was heard by the Tribunal over five days, 16-18 June, 15 July 1997, and 1 February 1999.