Dhillon v Rail Corporation of NSW [2009] NSWADT 96

Set aside by Appeal :

CITATION: Dhillon v Rail Corporation of NSW [2009] NSWADT 96

DIVISION: Equal Opportunity Division

APPLICANT Anastasia Dhillon

FIRST RESPONDENT Rail Corporation NSW

SECOND RESPONDENT Tony Osmani

PARTIES: THIRD RESPONDENT Tony Sinikoski

FOURTH RESPONDENT Alfonso Mateo

FIFTH RESPONDENT Jose Mateo

SIXTH RESPONDENT Fady Younes

FILE NUMBER: 071111

HEARING DATES: 23 April 2009

DATE OF DECISION: 6 May 2009

BEFORE: Britton A - Deputy President

LEGISLATION CITED : Anti-Discrimination Act 1977 (NSW)

New Zealand v NSW Land and Housing Corporation [2006] NSWADT 126 CASES CITED: Trevor Gallagher v Aboriginal Hostels Ltd [2006] AIRC 298 Toll (FGCT) Pty Ltd v Alphapharm Pty Ltd (2004) 219 CLR 165

Applicant Representative P Thew, barrister REPRESENTATION: Respondent Representative Y Shariff, barrister

ORDERS: Application for interim orders is dismissed.

REASONS FOR DECISION

1 Ms Dhillon applies for an interim order under s 105 of the Anti-Discrimination Act 1977 (NSW) in the following terms: That RailCorp reinstate the special allowance paid to Ms Dhillon between August 2006 that was terminated on 15 Feb 2009. 2 RailCorp opposes this application.

3 At the hearing listed to determine this application, the parties advised that in principle, agreement had been reached about a second proposed order, which was set out in Ms Dhillon's submissions filed in the Tribunal on 15 April 2009.