K And N Cartwright -V- Hunter Region Developmental Disability Service [1997] NSWEOT

Equal Opportunity Tribunal of New South Wales

CITATION: K And N Cartwright -V- Hunter Region Developmental Disability Service [1997] NSWEOT

COMPLAINANT: Kerrie and Noel Cartwright

RESPONDENT: Hunter Region Developmental Disability Service

NUMBER: 107-108 of 1995

Ms NarelleBell ( Judicial Member ) TRIBUNAL: Ms L Mooney Mr O MacDonald OAM

GROUNDS OF COMPLAINT: Discrimination on the ground of marital status in the area of employment

DATES OF HEARING: 03/03/1997; 03/04/1997; 03/05/1997; 03/06/1997 DATE OF JUDGMENT: 06/26/1997

Complainant: Self-Represented

LEGAL REPRESENTATIVES: Respondent: Mr L McKay Crown Solicitor's Office (Solicitors) Ms C Ronalds (Counsel)

JUDGMENT IN FAVOUR OF:

On 20 October 1995 the President of the Anti-Discrimination Board referred to the Tribunal two complaints of discrimination on the ground of marital status from Mrs Kerry Cartwright and from Mr Noel Cartwright. The complaints are against the Hunter Region Developmental Disability Service under the umbrella of which the Stockton Centre, a centre for people with developmental disabilities, operates.

The two separate complaints were heard together. It appears to the Tribunal that the primary complaint is that of Mrs Cartwright. Most of the evidence went to the allegations made by her and the complaint made by Mr Cartwright depends, to a large extent, on the assertions made by Mrs Cartwright in her complaint being proved.

Mrs Cartwright noted in her complaint that she had been employed at the Stockton Centre for some fifteen years as Food Services Manager. She stated that she had, in about 1990, through a formal selection committee, recommended employment of her now husband, Mr Noel Cartwright, who was not at that time known to her, as a grade 2 Hospital Assistant. They began to see each