Brown -V- Boardman T/A The Albury And District Private Nursing Home [1997] NSWEOT

Equal Opportunity Tribunal of New South Wales

CITATION: Brown -V- Boardman T/A The Albury And District Private Nursing Home [1997] NSWEOT

COMPLAINANT: Ms Shirley Brown

RESPONDENT: Boardman t/a The Albury and District Private Nursing Home

NUMBER: 11 of 1996

Mr Reginald Bartley AM ( Judicial Member ) TRIBUNAL: Ms L Farmer OAM Mr M Luger

GROUNDS OF COMPLAINT: Discrimination on the ground of disability in the area of employment.

DATES OF HEARING: 01/20/1997 DATE OF JUDGMENT: 01/20/1997

Complainant: Ms Fran Davis (Counsel) LEGAL REPRESENTATIVES: Respondent: No appearance

JUDGMENT IN FAVOUR OF:

This is an application by the Complainant lodged with the Anti-Discrimination Board on 2 February 1995 on the grounds of discrimination by her employer, the Respondent. The Respondent does not appear, despite knowing of the hearing. But all the correspondence on behalf of the Respondent is before the Tribunal.

The Tribunal takes the view that, notwithstanding the nonappearance of the Respondent, we have to satisfy ourselves that, firstly, there's been a breach of the Act; in particular, sections 49A, 49B, 49C, and 49D. The Tribunal has to consider the definition of "disability" in section 4; secondly, if the Act has been breached, the order that should be made under section 113 including damages.

The facts appear from the documents tendered before the Tribunal. But shortly, in a brief summary, it appears the Complainant commenced work with the Albury & District Private Nursing Home in 1977 and took up permanent, full-time employment in 1978. Between 1978 and 1993, the Respondent being a hospital, she worked at night four 10-hour shifts a week. In February 1993 her shifts changed to five 8.5-hour shifts at night till April 1994 which was the last time she worked at the nursing home. She resigned in January 1995.