Toki -V- Bhp Steel [1996] NSWEOT

Equal Opportunity Tribunal of New South Wales

CITATION: Toki -V- Bhp Steel [1996] NSWEOT

COMPLAINANT: Ms Anna Toki

RESPONDENT: BHP Steel

NUMBER: 43 of 1995

Mr D Bitel ( Judicial Member ) TRIBUNAL: Mrs J Strickland Ms L Nemeth De Bikal

GROUNDS OF COMPLAINT: Sex discrimination in the area of employment

DATES OF HEARING: 02/20/1996; 02/21/1996 DATE OF JUDGMENT: 02/21/1996

Complainant: Mr L Fonua LEGAL REPRESENTATIVES: Respondent: Mr D Lloyd

JUDGMENT IN FAVOUR OF:

In the matter of the complaint of Anna Toki v BHP, the Tribunal has considered the evidence and submissions and has reached a decision to dismiss the complaint and further to make no order as to costs. I will now read the reasons for that decision.

The Tribunal believes this is a sad case because the Tribunal believes that the complainant, as in so many cases which come before this jurisdiction, may herself believe that there has been some discrimination which brings into provision the operations of the act. However, the complainant's belief is not sufficient because the complainant has the onus to convince the Tribunal that there has been discrimination.

In his submission Mr Fonua, who was acting as agent for the complainant, made reference to the important principles of non-discrimination and affirmative action, and of course the Tribunal accepts and endorses those principles. Reference was made to Najdovska's case but unfortunately that case is really not directly relevant because it deals with a clear policy which has been found to be indirectly discriminatory. It deals with a policy dealing with retrenchment from employment and not recruitment, which is essentially what this case is about. So even though the employers may be common, we do not believe that that decision really assists the complainant in her case.