Tribunal Decisions 2015-16
During 2015-16, the Tribunal handed down the following seven decisions:
VINEY v DEPARTMENT FOR EDUCATION & CHILD DEVELOPMENT (6 August 2015)
Mr Viney alleged that he is being refused the opportunity to volunteer at his son's school assisting with reading. The school has advised that this is contrary to Court Orders which are in place. Mr Viney disagrees and believes that the school's reliance on the court order is a form of discrimination on the basis of marital status and identity of spouse. Mr Viney failed to appear at the Tribunal hearing and the Tribunal found that a parent presenting to his or her child’s classroom for the purpose of hearing children practise reading is not an unpaid worker. The Tribunal also found that the conduct of the Principal was not discriminatory within the meaning of the Act.
The complaint was dismissed.
Read the full judgement at:
http://www.austlii.edu.au/au/cases/sa/SAEOT/2015/5.html
SELLEN v TNT AUSTRALIA P/L [2015] SAEOT 6 (30 September 2015)
Mr Sellen alleged that TNT Australia discriminated against him on the grounds of his disability in declining to offer him permanent employment as a pickup and delivery (PUD) driver.
Mr Sellen had been working for TNT Australia as a PUD driver from March 2014 through a job recruitment service, but had made a separate application for permanent employment directly to TNT Australia. Whilst attending a pre-employment medical assessment in April 2014 for the permanent position, Mr Sullen disclosed that he had recently been diagnosed with Asperger’s syndrome. In addition, whilst working for TNT Australia in March 2014, Mr Sullen had suffered a minor injury. Mr Sullen alleged that TNT Australia’s knowledge of his diagnosis of Asperger’s syndrome and his minor injury motivated the decision to not offer permanent employment and he made a complaint of disability discrimination under the Equal Opportunity Act. The Tribunal found that the complainant failed to demonstrate, on the balance of probabilities, that the respondent’s knowledge of his diagnosis with Asperger’s syndrome, or his minor injury whilst working at TNT, motivated the decision not to offer him employment.
The complaint was dismissed.
Read the full judgement at: http://www.austlii.edu.au/au/cases/sa/SAEOT/2015/6.html
RAGLESS v SAPOL [2015] SAEOT 7 (11 December 2015)
Mr Ragless alleged that SAPOL had discriminated against him by refusing to investigate his complaint that an official from his shooting club had knowingly provided false information to Police about his mental health, leading to his gun licence being suspended. The Police filed a List of Documents relevant to the issues to be determined in the hearing, and the complainant brought an Interlocutory Application seeking further documents. However, no reasonable basis was demonstrated to suggest the Police were in possession of any relevant documents other than those in the List of Documents.
The application for further discovery was refused.
Read the full judgement at:
http://www.austlii.edu.au/au/cases/sa/SAEOT/2015/7.html
RAGLESS v SOUTH AUSTRALIAN FIELD & GAME ASSOCIATION [2016] SAEOT 1 (8 April 2016)
Mr Ragless alleged that the South Australian Field and Game Association (SAFGA) had discriminated against him by its officials taking action to have his firearms licence and membership of SAFGA removed on the grounds of a previous mental illness. The complainant alleged that SAFGA discriminated against him by taking steps to have his firearms licence and membership of SAFGA removed due to a previous mental illness, by reporting him to the Registrar of Firearms. The Tribunal accepted that the reports to the Registrar of Firearms were made based on a genuine and reasonable concern with respect to the fitness of the complainant to hold a firearm.
The Tribunal found that SAFGA did not unlawfully discriminate against the complainant in taking action to report him to the Firearms Registrar or to suspend his membership. The complaint was dismissed.
Read the full judgement at:
http://www.austlii.edu.au/au/cases/sa/SAEOT/2016/1.html
RAGLESS v STOKES [2016] SAEOT 2 (20 April 2016)
Mrs Ragless alleged that she had been victimised by Mr Stokes, contrary to the provisions of the
Equal Opportunity Act 1984 (SA). Mr Stokes applied to have the matter dismissed or struck out on the basis that it had no likelihood of success, and that no evidence which could be adduced at trial could change that.
The complaint was dismissed.
Read the full judgement at:
http://www.austlii.edu.au/au/cases/sa/SAEOT/2016/2.html
BLIGHT v WOMEN’S & CHILDREN’S HEALTH NETWORK [2016] SAEOT 3 (3 May 2016)
Dr Blight alleged that the Women’s and Children’s Health Network (WCHN) had discriminated against her on the grounds of disability and sex.
Dr Blight was employed by the Chief Executive, Department of Health in various training capacities with the WCHN from 25 January 2006 to 29 January 2013. This included basic training in paediatrics which commenced in January 2006, and advanced training in general paediatrics from February 2009 until January 2013. In July 2011 Dr Blight suffered an episode of unconscious collapse which was subsequently diagnosed as Temporal Lobe Epilepsy (TLE). Dr Blight alleges that she was discriminated against during her progression through training and in her employment at WCHN. This included a deliberate failure by WCHN to take action in relation to her TLE in the form of support or rehabilitation, action taken to alter the results of her research project and delay progression to Fellowship, and inappropriate comments about her weight and health. The Tribunal found that the complainant had failed to demonstrate that WCHN had unlawfully discriminated against her.
The complaint was dismissed.
Read the full judgement at:
http://www.austlii.edu.au/au/cases/sa/SAEOT/2016/3.html
RAGLESS v SAPOL (No 2) [2016] SAEOT 4 (3 May 2016)
Mr Ragless alleged that, pursuant to the provisions of the
Whistleblowers Act 1993, members of SAPOL’s Firearms Branch colluded with members of the South Australian Field and Game Association to victimise him by having his firearms licence removed. The Tribunal found that the complainant had failed to demonstrate that the respondent had committed an act of victimisation against him substantially on the ground of his disclosure of public interest information.
The complaint was dismissed.
Read the full judgement at:
http://www.austlii.edu.au/au/cases/sa/SAEOT/2016/4.html
Other Tribunal Matters Finalised in 2015-16
The following cases were discontinued by the complainant and finalised in 2015/16: