Mazenco -V- Kymfone Pty Ltd T/A L J Hooker Real Estate (Cronulla) [1998] NSWEOT

Equal Opportunity Tribunal of New South Wales

CITATION: Mazenco -V- Kymfone Pty Ltd T/A L J Hooker Real Estate (Cronulla) [1998] NSWEOT

COMPLAINANT: Christina Mazenco

Kymfone Pty Ltd trading as L J Hooker Real Estate (Cronulla) RESPONDENT: David Ireland Alwin Hutchinson Kenneth Smith

NUMBER: 220 of 1996

Mr Reginald Bartley AM ( Judicial Member ) TRIBUNAL: Ms L Nemeth de Bikal Mr L Lau

GROUNDS OF COMPLAINT: Discrimination and sexual harassment in the provision of goods and services/accommodation

DATES OF HEARING: 02/16/1998; 02/17/1998; 02/24/1998 DATE OF JUDGMENT: 02/24/1998

Complainant: Self-represented

LEGAL REPRESENTATIVES: Respondent: Mr M Howlin Cassidy Gibson Howlin (Solicitor)

JUDGMENT IN FAVOUR OF: Respondent

TRIBUNAL:

On 4 November l994 the Complainant approached L J. Hooker Cronulla seeking accommodation . She inspected the property at 5/25 Tullimbar Road, Cronulla.

On 5.11.94 the Complainant took a lease of the premises for 6 months (ending 5. May, l995) The lease contained a 'carry-over' clause and also a clause enabling the landlord to terminate the lease on 5 May l995 providing fourteen days notice was given.

The Respondent gave fourteen days notice prior to 5 May l995 to terminate the lease. After a hearing at the Residential Tenancies Tribunal which continued over a period of seven days, the Complainant left the premises on 2l September l995.

On l1 December 1995 the Complainant lodged a complaint with the Anti-Discrimination Board against L J Hooker Cronulla and employees (Messrs David Ireland , Alwin Hutchinson and Kenneth Smith. The Business name 'L J.Hooker Real Estate Cronulla' was owned by Kymfone Pty Ltd, which company was also joined , in addition to the licensee Mr. Hatten.