Bestwick v Adecco Australia Pty Ltd [2012] NSWADT 156

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Bestwick v Adecco Australia Pty Ltd [2012] NSWADT 156 Hearing dates: 31 July 2012 Decision date: 06 August 2012 Jurisdiction: Equal Opportunity Division Before: Magistrate N Hennessy, Deputy President Decision: Leave is granted for Ms Bestwick's complaints against Adecco Australia Pty Ltd and Essential Energy to proceed. The complaints are listed for a case conference on 15 August 2012 at 12.15 pm. Catchwords: LEAVE- complaint of pregnancy discrimination declined as lacking in substance - whether fair and justice for complaint to proceed Legislation Cited: Anti-Discrimination Act 1977 Cases Cited: Ekermawi v Administrative Decisions Tribunal of New South Wales & Ors [2009] NSWSC 143 Category: Interlocutory applications Parties: Melissa Bestwick (Applicant) Adecco Australia Pty Ltd (Respondent) Essential Energy (Respondent) Representation: Melissa Bestwick (Applicant in person) J Iser (Agent for First Respondent) Norton Rose (Second Respondent) File Number(s): 121086

REASONS FOR DECISION

Introduction 1A complaint of discrimination that has been declined by the President of the Anti-Discrimination Board (ADB) cannot go ahead in the Tribunal without the Tribunal's permission: Anti-Discrimination Act 1977, (AD Act) s 96. The test is whether it is fair and just for the complaint to proceed: Ekermawi v Administrative Decisions Tribunal of New South Wales & Ors [2009] NSWSC 143. The President of the ADB declined Ms Bestwick's complaint of pregnancy discrimination against an employment agency, Adecco Australia Pty Ltd. Adecco had placed Ms Bestwick with Essential Energy but terminated that assignment after she took some time off because she was suffering from morning sickness. 2I have decided that the complaint against Adecco should go ahead because the fact that she was pregnant may have been at least one of the reasons that Ms Bestwick's assignment was terminated. I have decided that the complaint against Essential Energy should also go ahead because if Adecco has breached the AD Act, Essential Energy will also be liable if it instructed or permitted Adecco to do something which was a breach of the AD Act.