Macdonald -V- Home Care Service Of N S W [1996] NSWEOT

Equal Opportunity Tribunal of New South Wales

CITATION: Macdonald -V- Home Care Service Of N S W [1996] NSWEOT

COMPLAINANT: Mr Grant MacDonald

RESPONDENT: Home Care Service of New South Wales

NUMBER: 19 of 1996

Mr R J Bartley AM ( Judicial Member ) TRIBUNAL: Ms S Clayton Mr L Lau

GROUNDS OF COMPLAINT: Discrimination in employment of the ground of age, sex and presumed disability

DATES OF HEARING: 10/28/1996; 10/29/1996 DATE OF JUDGMENT: 10/29/1996

Complainant: In-person

LEGAL REPRESENTATIVES: Respondent: Freehill Hollingdale & Page (Solicitors) Mr C Barton (Counsel)

JUDGMENT IN FAVOUR OF: Respondent

TRIBUNAL: On 22 February 1995 a complaint was received by the Anti-Discrimination Board from Mr Grant MacDonald against the Home Care Service of NSW.

Mr MacDonald complained that he was discriminated against in his applications for employment with the Home Care Service of NSW on the grounds of his sex, age and presumed disability. He requested at the interview to add some further grounds to his complaint but the Tribunal took the view they could not be added as they had not been considered by the Anti-Discrimination Board. However, it was agreed to consider them as relating to the grounds already set out.

Mr MacDonald was 49 years of age at the time of his application and had undergone a spinal curvature correction in 1971.

The following facts are agreed between the Parties:

1. The Respondent is an employer, a Community Service Provider, funded by contributions of customers and the joint NSW and Commonwealth Governments' Home and Community Care Program.