Seguel -V- Cbi Constructors Pty Ltd [1997] NSWEOT

Equal Opportunity Tribunal of New South Wales

CITATION: Seguel -V- Cbi Constructors Pty Ltd [1997] NSWEOT

COMPLAINANT: Juan Seguel

RESPONDENT: CBI Constructors Pty Ltd

NUMBER: 6 of 1997

Judge H G Murrell S.C. ( Senior Judicial Member ) TRIBUNAL: Mr L Lau Mr O McDonald O.A.M.

GROUNDS OF COMPLAINT:

DATES OF HEARING: 11/14/1997; 11/15/1997 DATE OF JUDGMENT: 03/06/1998

Complainant: In Person

LEGAL REPRESENTATIVES: Respondent: Mr D Gardner Cutler Hughes & Harris (Solicitor)

JUDGMENT IN FAVOUR OF: Complainant

APPLICATION UNDER s.111 OF THE ANTI-DISCRIMINATION ACT 1977

1. BACKGROUND

1.1 Pursuant to section 111(1) of the Anti-Discrimination Act 1977 (the Act) the respondent asks that the complainant's complaints be dismissed on the basis that they are misconceived or lacking in substance, or should not be entertained because the Compensation Court of New South Wales has determined related issues.

1.2 On 19 December 1994 and 15 February 1996 the President of the Anti-Discrimination Board received complaints alleging discrimination against the complainant. The complaints raised issues of physical impairment and race in the area of employment.

1.3 The first document, a letter of 15 December 1994, refers to the complainant suffering from the ill-effects of exposure to hazardous substances in the work place and to the complainant's great disadvantage in his search for redress because of his ill health, financial situation and language difficulties. The second document provides more detail. The complaints are fairly summarised in the complaint summary (forming part of the President's report) in the following way. Mr Seguel was employed by CBI Constructors Pty Ltd between August 1990 and January 1994, where he worked as a trade assistant. He alleges that while employed with the company he was forced to work in an unsafe environment where he came into contact with toxic chemicals. His duties involved working in a confined space where he was constantly covered with dust and smoke from welding which was carried out on a platform above him. He suffered a number of injuries and after 18 months became ill with headaches, nausea, vomiting, skin problems, swollen limbs and abdominal discomfort. He alleges that after becoming ill the company failed to change his working conditions despite his repeated complaints to management and medical reports recommending he undertake light duties. He further alleges that the company took advantage of the fact that he is from a non-English speaking background by insisting that he work in unsafe conditions as they knew he would find it difficult to complain with his limited language skills. He further alleges that when he did complain about his health and working conditions his supervisor would humiliate him by calling him derogatory names such as "Bloody Wog" and "Fucking Chiliean". He states that the company deliberately delayed processing his claim for workers compensation and unlawfully terminated his employment.