Spiteri -V- Manly Pacific International Hotel Pty Ltd Trading As Manly Pacific Parkroyal [1997] NSWEOT

Equal Opportunity Tribunal of New South Wales

CITATION: Spiteri -V- Manly Pacific International Hotel Pty Ltd Trading As Manly Pacific Parkroyal [1997] NSWEOT

COMPLAINANT: Edward Spiteri

RESPONDENT: Manly Pacific International Hotel Pty Ltd trading as Manly Pacific Parkroyal

NUMBER: 27 of 1994

Ms Penny Goode ( Judicial Member ) TRIBUNAL: Ms M Alt Mr L Lau

GROUNDS OF COMPLAINT: Physial Impairment

DATES OF HEARING: 05/22/1995; 05/23/1995; 05/24/1995; 07/24/1996; 07/25/1996 DATE OF JUDGMENT: 08/12/1997

Complainant: Ms M Hannon Disability Discrimination Legal Centre Ms A Healey (Counsel) LEGAL REPRESENTATIVES: Respondent: Mr P Brown Baker McKenzie Mr R Crow (Counsel)

JUDGMENT IN FAVOUR OF:

Background

From October 1988 to 31st August 1993, the Respondent employed the Complainant in a number of capacities, including kitchenhand, bus boy and casual canteen attendant. In November 1989, while working as a bus boy, he sustained an injury to his back by lifting a waiter's station in Nell's Restaurant. As a consequence, in January 1993 he was moved to "light duties" in the staff canteen as a casual attendant. He was dismissed in August 1993, allegedly on the ground of the physical impairment to his back.

The Complainant was born in Malta and is 33 years old. He speaks English as a second language with a distinct accent and he is unable to read or write in English. He also has some difficulty with literacy in his own language. Consequently, when he attended the offices of the Anti-Discrimination Board ("the Board") on 13th September 1993 to lodge a complaint that he had been unlawfully discriminated against by the Respondent, an officer of the Board assisted him by writing out his complaint for him. In his complaint, he alleged that the Respondent had dismissed him on the ground of his physical impairment. He also alleged that, since injuring his back, he had been "constantly hassled" by his manager, Mr Fielding-Moore.