Harms v Sydney South West Area Health Service [2010] NSWADT 183

CITATION: Harms v Sydney South West Area Health Service [2010] NSWADT 183

DIVISION: Equal Opportunity Division

APPLICANT Allan Frederick Harms PARTIES: RESPONDENT Sydney South West Area Health Service

FILE NUMBER: 091096, 091023

HEARING DATES: 15 June 2010

SUBMISSIONS CLOSED: 15 June 2010

DATE OF DECISION: 21 July 2010

BEFORE: Patten D - Deputy President; Monaghan-Nagle L - Non-Judicial Member; Hayes E - Non-Judicial Member

CATCHWORDS: Alleged Victimisation, Discrimination – Insufficient Evidence to Establish

LEGISLATION CITED : Anti Discrimination Act (NSW) 1977

APPLICANT Self Represented REPRESENTATION: RESPONDENT S Price, solicitor

ORDERS: 1. All complaints are dismissed 2. No order as to costs.

REASONS FOR DECISION

1 The applicant Mr. Allan Harms in effect contends that the respondent: i) Unlawfully discriminated against him as his wife's carer contrary to S49T of the Anti-Discrimination Act (the Act), ii) Victimised him contrary to S49U of the Act following his complaint to the Anti-Discrimination Board.

2 At the hearing before the Tribunal Mr Harms appeared for himself. Ms. S. Price solicitor appeared for the respondent.

3 Substantially Mr. Harms relied upon his statement of facts dated 3 February 2010 upon which he was cross-examined by Ms. Price. Generally in our opinion he was a witness who did his best to tell the truth and assist the Tribunal. Nonetheless for reasons which follow neither of his complaints was established.

4 It appears that the applicant commenced employment with the respondent as a casual security guard on 16 January 2006. He became a full time employee on or about 15 January 2007. He performed his duties in shifts according to rosters, a subject to which we will need to return.