Khoury -V- A.C & E Pty Limited [1998] NSWEOT

Equal Opportunity Tribunal of New South Wales

CITATION: Khoury -V- A.C & E Pty Limited [1998] NSWEOT

COMPLAINANT: Robert Khoury

RESPONDENT: A.C & E Pty Limited

NUMBER: 128 of 1996

Mr P Goode ( Judicial Member ) TRIBUNAL: Ms D Toltz Mr W Bowtell

GROUNDS OF COMPLAINT: Physical Impairment

DATES OF HEARING: 01/20/1997; 01/21/1997 DATE OF JUDGMENT: 04/09/1998

Complainant: Ms S Winters (Counsel)

LEGAL REPRESENTATIVES: Respondent: Ms K Tahka M Sweeney (Senior Counsel)

JUDGMENT IN FAVOUR OF: Complainant

The Complainant, Mr Khoury, has a hearing impairment which he regards as "slight" or "minor". He is a qualified Mechanical Engineer and an Australian national of Lebanese racial origin.

He commenced employment with the Respondent, A C & E Pty Limited, on 7 September 1992 as an Internal Salesperson. He alleges that he was dismissed on the ground of his hearing impairment on 19 March 1993 by Mr Hua, the Respondent's Sales and Marketing Manager at the relevant time, but that after making a plea to Mr Adams, the Respondent's Managing Director, to retain his services, his dismissal was revoked and he was transferred to the Respondent's Quality Assurance/Engineering Department ("the Engineering Department") on the same salary but in a different capacity. The Respondent maintains that this position was specifically created for the Complainant on a temporary basis only to afford him an opportunity to find alternative employment. The Complainant was subsequently dismissed on 8 December 1993. He complained to the Anti-Discrimination Board ("the Board") on 28 January 1994.