Carr v Boree Aboriginal Corp

FEDERAL MAGISTRATES COURT OF AUSTRALIA

CARR v BOREE ABORIGINAL CORP & ORS [2003] FMCA 408

HUMAN RIGHTS – RACIAL DISCRIMINATION – DAMAGES – where the employer is vicariously liable for the behaviour of its employees – where the respondents did not comply with orders made by the court – where the applicant had liberty to have judgment entered against non-compliers – whether there was sufficient evidence of incitement – where the applicant also seeks an apology.

Racial Discrimination Act 1975 (Cth), ss.9, 15, 17, 18A

Evans v NCA [2003] FMCA 375

Applicant: SHARON LYNN CARR

First Respondent:

Second Respondent:

Third Respondent:

BOREE ABORIGINAL CORPORATION

GLEN BOYD

KAREN STEWART

File No: SZ 1107 of 2002

Delivered on: 26 September 2003

Delivered at: Sydney

Hearing date: By written submissions filed by the applicant on 25 July 2003

Judgment of: Raphael FM

REPRESENTATION

Counsel for the Applicant: Ms Julie Soars

Solicitors for the Applicant: Savage Lawyers

ORDERS

1. The Court declares that the first respondent has unlawfully discriminated against the applicant in her employment with it and unlawfully dismissed the applicant contrary to the provisions of ss.9 and 15 of the Racial Discrimination Act 1975.

2. The Court orders:

   (i)The first respondent pay to the applicant the sum of $7,500 by way of damages.

   (ii)The first respondent pay to the applicant the sum of $11,848.61 for lost wages, holiday pay and unpaid overtime together with interest in the sum of $1,917.89 calculated in accordance with Schedule J to the NSW Supreme Court Rules.

   (iii)The first respondent pays the applicant’s costs assessed in the sum of $11,000.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
SYDNEY

SZ 1107 of 2002

SHARON LYNN CARR

Applicant

And

BOREE ABORIGINAL CORPORATION

First Respondent

GLEN BOYD

Second Respondent

KAREN STEWART

Third Respondent

REASONS FOR JUDGMENT

1. These proceedings were commenced by the applicant who alleged that she had been discriminated against on the grounds of race contrary to ss.9 and 15 of the Racial Discrimination Act 1975 (Cth) (“the RDA”) by the action of the first, second and third respondents for which the first respondent was vicariously liable pursuant to s.18A of the RDA. The applicant had been employed by the first respondent from 1 July 1998 to 2 June 2000 under a community development employment program which had been set up for both indigenous and non-indigenous people. The applicant alleges that after a change of the board of the second respondent in early 2000, a number of incidents or acts of discrimination took place which culminated in her employment being terminated on 2 June 2000.

2. The applicant claims that as a result of the actions of the first respondent through its officers and the second and third respondents, she suffered loss and damage including special damage arising out of her inability to obtain employment from the time of her dismissal until February 2001.

3. The proceedings were commenced by way of application dated 28 June 2002. The matter was originally filed in the Federal Court but was transferred to the…