Herring -V- South Eastern Sydney Area Health Service Anor [1998] NSWEOT

Equal Opportunity Tribunal of New South Wales

CITATION: Herring -V- South Eastern Sydney Area Health Service Anor [1998] NSWEOT

COMPLAINANT: Cicero Herring

RESPONDENT: South Eastern Sydney Area Health Service Royal Hospital for Women

NUMBER: 1 of 1998

Mr Reginald Bartley AM ( Judicial Member ) TRIBUNAL: Ms Lolita Farmer OAM Mr Milton Luger

GROUNDS OF COMPLAINT:

DATES OF HEARING: 06/30/1998; 07/01/1998; 07/02/1998 DATE OF JUDGMENT: 08/21/1998

Complainant: In person

LEGAL REPRESENTATIVES: Respondent: Mr K English South Eastern Sydney Area Health Service

JUDGMENT IN FAVOUR OF: Respondent

On 22 February 1996 Mr Cicero Herring (the "Complainant") lodged a complaint with the Anti-Discrimination Board against the Royal Hospital for Women to whom he had applied for a position and in 1987 was his former employer. The Royal Hospital for Women is now under the administration of the South Eastern Sydney Area Health Service (each being the Respondents to this application). The application was lodged on the grounds that he was victimised contrary to section 50(1)(a) of the Anti-Discrimination Act. Section 50(1)(a) provides: It is unlawful for a person ("the discriminator) to subject another person (the person victimised) to any detriment in any circumstances on the ground that the person victimised has:

(a) brought proceedings against the discriminator or any other person under this Act .

Neither party in this matter was legally represented, before the Tribunal.

Facts In 1987 the Complainant was employed by the Royal Hospital for Women then under the control of the Benevolent Society of New South Wales. The Complainant's employment was terminated on 8 March 1988. Following this termination, he made a complaint of "race and sex discrimination" against his employer under the Anti-Discrimination Act 1977 to the Anti Discrimination Board. Eventually the matter was dismissed by the Equal Opportunity Tribunal. Following this the Complainant appealed to the Supreme Court, and on 23 May 1993 the appeal was dismissed.