Abrahams & Ors -V- Harwood Nominees Pty. Limited [1996] NSWEOT

Equal Opportunity Tribunal of New South Wales

CITATION: Abrahams & Ors -V- Harwood Nominees Pty. Limited [1996] NSWEOT

COMPLAINANT: Abrahams and Others

RESPONDENT: Harwood Nominees Pty. Limited

NUMBER: 68-100 of 1996

Judge Patten ( Judicial Member ) TRIBUNAL: Ms. S. Tracey Mr. O. MacDonald

GROUNDS OF COMPLAINT: Age discrimination in the provision of goods and services

DATES OF HEARING: 10/28/1996 DATE OF JUDGMENT: 11/28/1996

Complainant: Mr. J. Basten Q.C. (Counsel) LEGAL REPRESENTATIVES: Respondent: Mr. A. Sullivan Q.C. (Counsel)

JUDGMENT IN FAVOUR OF:

This was the hearing of an application by the Respondent under Section 111 of the Anti-Discrimination Act ("the Act") for orders that each of 43 complaints before the Tribunal be dismissed.

The matters were referred to the Tribunal by the President of the Anti-Discrimination Board of New South Wales (respectively "the President" and "the Board") in May 1996. In his letter of referral the President stated that the Board had been unsuccessful in attempting to gain access to information necessary to purse its investigation and accordingly had formed the view that the complaints were not capable of conciliation. They were referred pursuant to Section 94(1) (a)(c) of the Act.

The complaint to the Board signed by each of the 43 Complainants was in the following terms:-

"TO: THE NSW ANTI DISCRIMINATION BOARD

We the undersigned hereby make a complaint against Harwood Nominees Pty Ltd and CSR Ltd that they are discriminating against us by the following proposed actions: A payout from the CSR Staff Superannuation Fund ('SSF Fund') by its trustee Harwood Nominees Pty Ltd of $100,000,000.00 to its holding company CSR Ltd. The granting of a windfall credit of 27% of the value of their entitlements to present CSR employees.