Hafez -V- Warilla Women’S Refuge Ltd, Clegg And Mcewan [1997] NSWEOT

Equal Opportunity Tribunal of New South Wales

CITATION: Hafez -V- Warilla Women'S Refuge Ltd, Clegg And Mcewan [1997] NSWEOT

COMPLAINANT: Leila Hafez

RESPONDENT: Warilla Women's Refuge Ltd, Clegg and McEwan

NUMBER: 3 of 1993 & 40 of 1995

Ms Penny Goode ( Judicial Member ) TRIBUNAL: Ms M Alt Mr Neville Rogan

GROUNDS OF COMPLAINT: 1) Racial Discrimination 2) Victimisation

DATES OF HEARING: 05/17/1995; 05/18/1995; 08/14/1995; 08/15/1995; 09/04/1995; 09/06/1995; 10/09/1995; 10/10/1995; 10/11/1995; 10/30/1995; 11/29/1995; 11/30/1995; 11/11/1996; 03/12/1997 DATE OF JUDGMENT: 12/12/1997

Complainant: Mr C. Hook Illawarra Legal Centre Inc (Solicitor) Ms J. Keys (Counsel) LEGAL REPRESENTATIVES: Respondent: Ms L Irwin Tress Cocks & Maddox (Solicitors) Ms P Hanna (Counsel)

JUDGMENT IN FAVOUR OF:

The Complainant is an Arabic Muslim woman, her nation of origin is Egypt, and she comes from a non-English speaking background ("NESB"). She alleges that she was employed by the First Respondent as a casual migrant worker from 28 July 1987 until 27 March 1990, on which date her services were terminated.

By letter dated 18 June 1990, she lodged a complaint with the Anti-Discrimination Board ("the Board") alleging that the First Respondent had subjected her to "various forms of discrimination" on the ground of her race throughout her employment. She further alleged that she had been dismissed by the First Respondent as a consequence of her "attempts to address" some of the forms of discrimination to which she had been subjected. Although she did not expressly say so in her letter of complaint, she later alleged that this conduct contravened the victimisation provisions of the Anti-Discrimination Act ("the Act") set out in s.50(1). She also alleged that the persons who were directly responsible for dismissing her were Ms Clegg and Ms McEwan, both of whom were, at all material times, directors and employees of the First Respondent.