Crook -V- Department Of Education And Training [1998] NSWEOT

Equal Opportunity Tribunal of New South Wales

CITATION: Crook -V- Department Of Education And Training [1998] NSWEOT

COMPLAINANT: Crook

RESPONDENT: Department of Education and Training

NUMBER: 49 of 1997

Ms P O'Shane ( Judicial Member ) TRIBUNAL: Mr O McDonald Ms S Clayton

GROUNDS OF COMPLAINT:

DATES OF HEARING: 02/18/1998; 02/19/1998; 02/20/1998; 02/23/1998; 02/24/1998; 02/25/1998; 02/26/1998; 02/27/1998; 03/31/1998; 04/28/1998; 04/29/1998 DATE OF JUDGMENT: 09/25/1998

Complainant: Self-Represented

LEGAL REPRESENTATIVES: Respondent: Crown Solicitor's Office Counsel - Ms C Ronalds

JUDGMENT IN FAVOUR OF: Respondent

The Complainant in this matter was a teacher, who was employed by the then Department of School Education [DSE] on a casual basis, whose position with the DSE was not confirmed on the alleged basis of inefficiency and unsuitability. The Complainant initiated this action on the grounds that he was discriminated against by the DSE and its officers, on the basis of his homosexuality.

Part 4C of the Anti-Discrimination Act 1977 sets out the law with respect to Discrimination on the Ground of Homosexuality. Section 49ZG defines what constitutes discrimination on the ground of homosexuality:

(1) A person ( the perpetrator ) discriminates against another person (the aggrieved person ) on the ground of homosexuality if, on the ground of the aggrieved person's homosexuality or the homosexuality of a relative or associate of the aggrieved person, the perpetrator:

(a) treats the aggrieved person less favourably than in the same circumstances, or in circumstances which are not materially different, the perpetrator treats or would treat a person who he or she did not think was a homosexual person or who does not have such a relative or associate who he or she thinks was a homosexual person, or (b) requires the aggrieved person to comply with a requirement or condition with which a substantially higher proportion of persons who are not homosexual persons, or who do not have such a relative or associate who is a homosexual person, comply or are able to comply, being a requirement which is not reasonable having regard to the circumstances of the case and with which the aggrieved person does not or is not able to comply.