Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Zareski v Hannanprint Pty Ltd (No 2) [2012] NSWADT 65 Hearing dates: On the papers Decision date: 17 April 2012 Jurisdiction: Equal Opportunity Division Before: A Scahill, Judicial member E Hayes, Non-judicial member M Nasir, Non-judicial member Decision: 16 April 2012 Legislation Cited: Anti-Discrimination Act 1977 Cases Cited: Briginshaw v Briginshaw [1938] HCA 34; (1938) 60 CLR 336 Carter v Brown [2010] NSWADT 109 Dutt v Central Coast Area Health Service (EOD) [2003] NSWADTAP.) Elliott v Nanda & Commonwealth (2001) 111 FCR 240 Nicholls and Nicholls v Director General, Department of Education and Training (No 2) [2009] NSWADTAP 20 O'Callaghan v Loder (1984) EOC 92-023 Category: Principal judgment Parties: Vasko Zareski (Applicant) Hannanprint Pty Ltd (Respondent) Representation: Counsel E Raper (Respondent) Bankstown Legal (Applicant) Minter Ellison (Respondent) File Number(s): 101116 REasons for decision 1.The Tribunal heard this matter in August 2011. 2.The Tribunal provided its decision to the parties in December 2011. 3.The Tribunal made the following order "5. The Tribunal orders that the Respondent undertake training of its managers and supervisors in relation to dealing with workplace complaints. The Respondent is invited to present a proposal to the Tribunal setting out how it proposes to do this including the number and length of sessions and the subject matter to be dealt with for approval by the Tribunal. This proposal should be put to the Tribunal within 28 days of these orders. The Tribunal will seek the Applicant's view of this proposal." 4.The Respondent provided a proposal set out in a letter of 23 December 2011. The text of this proposal is set out below: 1. Participants and delivery 1.1 The training will be delivered to approximately 34 members of Hannaprint's management and supervision team, across its business units and including it's General Manager and Managing Director. 1.2 Hannanprint's Human resources team will also attend the training. 1.3 Hannanprint does not propose that any other staff (including Mr Zareski) will attend the training. 1.4 To ensure that all relevant participants are available to attend the training, four individual sessions will be run, taking into account the shift arrangements in place at Hannanprint. 1.5 The training will be delivered to participants by a Partner and/or Senior Associate from Minter Ellison's Human Resources and Industrial Relations team. The HR&IR team regularly presents complaints managment and workplace investigation training to clients and the agenda items below are based on that training program. 1.6 In our experience, training is best conducted in an interactive workshop style rather than as a presentation/seminar. To do this effectively (and also due to the shift arrangements referred to above) Hannanprint is limiting the sessions to a maximum of about 12 participants in any one session. 1.7 Each session will run for approximately four hours, including breaks. 2. Topics of Training 2.1 The topics covered by the training will be : a) Decision to investigate (evaluating complaints, dealing with anonymous complaints and alternative to formal investigation); b) Establishing the investigation (decision makers, terms of reference and briefing external investigators); c) Investigation process (managing the process, asking the right questions, confidentiality, natural justice, investigation documents and managing expectations); d) Finalising the investigation (dealing with conflicting evidence, writing an investigation report, communicating decisions and implementing outcomes); and e) Other specific issues (eg support persons, tape recording interviews, reluctant complainants, etc) 2.2 given the issues that arose in these proceedings, Hannanprint has decided to incorporate refresher training on unlawful discrimination, harassment and bullying in the training. Having said that, Hannanprint makes no admissions in this regard and notes that the Tribunal, in the Decision, dismissed Mr Zareski's various complaints of discrimination and harassment. 3. Timing 3.1 Depending on when the tribunal is able to provide any feedback about the Proposal, Hannaprint intends to roll out the training in February or March 2012. 5.The Respondent's proposal was provided to the Applicant for comment. Those comments were received by the Tribunal. 6.Accordingly, the Tribunal now approves of the Respondent's proposal set out in paragraph 4 above. The Training is to be undertaken by end of July 2012. ********** DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 17 April 2012