Mitchell -V- South Sydney Junior Rugby League Club Ltd [1998] NSWEOT

Equal Opportunity Tribunal of New South Wales

CITATION: Mitchell -V- South Sydney Junior Rugby League Club Ltd [1998] NSWEOT

COMPLAINANT: Toni Marie Mitchell

RESPONDENT: South Sydney Junior Rugby League Club Ltd

NUMBER: 18 of 1997

Mr Michael Biddulph ( Judicial Member ) TRIBUNAL: Mr N Rogan Ms K Edwards

GROUNDS OF COMPLAINT: Discrimination on the grounds of sex and victimisation in the area of employment

DATES OF HEARING: DATE OF JUDGMENT: 02/03/1998

Complainant: Mr T Stern Stern & Tanner (Solicitor) Ms K Nomchong (Counsel)

LEGAL REPRESENTATIVES: Respondent: Mr D Vaughn Heaney Richardson & Nemes (Solicitor) Mr S Rothman S C (Counsel)

JUDGMENT IN FAVOUR OF: Complainant

SUMMARY OF COMPLAINT

On 31 August 1995 the President of the Anti-Discrimination Board of New South Wales received the complaint under the N.S.W. Anti-Discrimination Act 1977 from Ms Toni Marie Mitchell alleging discrimination on the ground of sex and victimisation. The Board attempted to resolve this complaint through conciliation but was unsuccessful. It was referred to the Equal Opportunity Tribunal under Section 94(1) of the Anti-Discrimination Act on 13 February 1997 attaching a report of the President's investigation of the complaint.

THE CLAIM

Basically, the Complainant's claims and allegations were as follows:

1. That she was the victim of two separate campaigns of verbal and physical sexual harassment by two other employees of the Respondent, Mr Con Koustabardis and Mr Colin Jones. Both were employees of the Respondent and members of management.