Ventura -V- Walt Disney Television Animation Pty. Ltd. [1998] NSWEOT

Equal Opportunity Tribunal of New South Wales

CITATION: Ventura -V- Walt Disney Television Animation Pty. Ltd. [1998] NSWEOT

COMPLAINANT: Fe Ventura

RESPONDENT: Walt Disney Television Animation Pty Ltd

NUMBER: 32 of 1997

TRIBUNAL: Judge H G Murrell S.C. ( Senior Judicial Member )

GROUNDS OF COMPLAINT: Sex and disability discrimination in employment, and victimisation

DATES OF HEARING: 04/24/1998 DATE OF JUDGMENT: 04/24/1998

Complainant: Ms M Reheby Legal Aid Commission (Solicitor) LEGAL REPRESENTATIVES: Respondent: Mr D Lloyd (Solicitor)

JUDGMENT IN FAVOUR OF: Respondent

Summary

Background

1. The complainant's complaint alleged sex discrimination in the course of her employment by the respondent. The conduct in question included the display of sexually explicit material and frequent swearing in the workplace.

2. Pursuant to section 110A(1)(b) of the Anti-Discrimination Act 1977 (the Act), the complainant sought a non-publication direction prohibiting identification of herself.

3. The complainant asserted that publication of her identity would cause embarrassment and would aggravate the stress from which she already suffered.

Held

4. The alleged sexual conduct is not in the same category as that in Loder v O'Callaghan (1984) EOC 90-025. Many proceedings before the Tribunal concern allegations of a personal and sensitive nature . The complainant's embarrassment and stress are an insufficient basis to depart from the general rule that the Tribunal's proceedings are to be openly administered.

5. Application refused. EQUAL OPPORTUNITY TRIBUNAL NO. 32 of 1998 FE VENTURA -v- WALT DISNEY TELEVISION ANIMATION PTY. LTD.