Mayfield -V- Legion Cabs (Trading) Co-Operative Society Ltd (No.1) [1997] NSWEOT

Equal Opportunity Tribunal of New South Wales

CITATION: Mayfield -V- Legion Cabs (Trading) Co-Operative Society Ltd (No.1) [1997] NSWEOT

COMPLAINANT: Theresa Mayfield

RESPONDENT: Legion Cabs (Trading) Co-Operative Society Ltd

NUMBER: 14 of 1996

Ms Narelle Bell ( Judicial Member ) TRIBUNAL: Mrs J Strickland Ms S Tracey

GROUNDS OF COMPLAINT: Sex Discrimination

DATES OF HEARING: 02/11/1997 DATE OF JUDGMENT: 05/07/1997

Complainant: Ms F Davies (Counsel) Bryson Taylor & Associates (Solicitors) LEGAL REPRESENTATIVES: Respondent: Mr R Alkadamani (Counsel) Gadens Ridgeway (Solicitors)

JUDGMENT IN FAVOUR OF: Respondent

This is a complaint by Ms Theresa Mayfield against Legion Cabs (Trading) Co-operative Society Ltd alleging discrimination in her employment on the ground of sex. Ms Mayfield complained to the President of the Anti-Discrimination Board on 4 August 1994. The complaint was referred to the Tribunal by the President of the Board pursuant to section 91 (2) of the Anti-Discrimination Act 1977 ("the Act") on 17 January 1996.

Ms Mayfield's complaint is that, whilst employed as a Senior Telephonist in the Radio Room of the Respondent, she worked for one three month period, replacing Mr Greg Wilson, Shift Controller, and for about three to five shifts per week during a fifteen month period, replacing Mr Robert Elliot, Shift Controller, carrying out the duties of a Shift Controller. She maintained that although she was performing this work, which involved duties additional to those of a Senior Telephonist, she was not paid at the rate of a Shift Controller. Ms Mayfield alleged that this discrepancy in rate of pay was on the ground of her sex.