Hughes -V- Bowral Cooperative Trading Limited & Ors [1997] NSWEOT

Equal Opportunity Tribunal of New South Wales

CITATION: Hughes -V- Bowral Cooperative Trading Limited & Ors [1997] NSWEOT

COMPLAINANT: John Raymond Hughes

RESPONDENT: Bowral Cooperative Trading Limited, George Neich, Shane Whatman, Billy Ridley

NUMBER: 30 of 1997

TRIBUNAL: Judge H G Murrell S.C. ( Senior Judicial Member )

GROUNDS OF COMPLAINT: Homosexual discrimination in employment

DATES OF HEARING: 03/04/1998 DATE OF JUDGMENT: 04/24/1998

Complainant: Mr C. Howell of Counsel instructed by R L Whyburn & Associates

Respondent: LEGAL REPRESENTATIVES: First Respondent Ms K Barratt, Divisional Manager, Employee Relations, Employer's Federation of NSW

Second, Third and Fourth Respondents Mr J Shaw of Counsel instructed by B Bilinsky & Co

JUDGMENT IN FAVOUR OF: Complainant

Summary

Background

1. The first respondent was the complainant's former employer. At the time that the complainant was so employed, the second third and fourth respondents were employees of the first respondent.

2. Outside the section 88(3) six month statutory period, the complainant sought to make a compliant against the first respondent, alleging discrimination on the basis of perceived homosexuality.

3. After considering submissions by the first respondent, the President of the Anti-Discrimination Board accepted the complaint out of time.

4. Conciliation failed. The President referred the complaint to the Equal Opportunity Tribunal.

5. Without prior notice to the second, third or fourth respondents and in the absence of those respondents, at a directions hearing before the Tribunal the complainant was permitted to join the second, third and fourth respondents.