Brennan -V- N S W Fire Brigades [1996] NSWEOT

Equal Opportunity Tribunal of New South Wales

CITATION: Brennan -V- N S W Fire Brigades [1996] NSWEOT

COMPLAINANT: Mr Brian Brennan

RESPONDENT: NSW Fire Brigades

NUMBER: 5 of 1995

Mr D Bitel ( Judicial Member ) TRIBUNAL: Mr N Rogan Ms D Toltz

GROUNDS OF COMPLAINT: Sex discrimination in the area of employment

DATES OF HEARING: 08/29/1995; 08/30/1995 DATE OF JUDGMENT: 07/08/1996

Complainant: Self-represented LEGAL REPRESENTATIVES: Respondent: Crown Solicitor's Office

JUDGMENT IN FAVOUR OF:

The Complainant in these proceedings alleges that he was discriminated against on the ground of his sex by his employer, the NSW Fire Brigades in its rejection of his nomination to stand for election as a staff representative in the Spokeswoman's program, the guidelines for which require that a successful applicant for nomination must be a female.

The Complainant filed his complaint with the Anti Discrimination Board on 12 October 1994 and on 30 November 1994 he was advised by the President of the Board that the complaint was declined under Section 90(1) of the Anti Discrimination Act. The Complainant on 3 January 1995 requested the matter be referred to the Tribunal. Evidence was taken from the Complainant on 29 August 1995 and from three witnesses for the Respondent, namely Ms Marina Melitta Findeis, a retained fire fighter and word processor operator/secretary in the employ of the Respondent, Ms Julia Simonides, a clerical officer in the employ of the Respondent and Ms Kerrie Maddocks, the Equal Employment Opportunity officer of the Respondent on 29 and 30 August 1995. On 9 October 1995, the Tribunal made the following orders: