Dixon v RNJ Sicame Pty Ltd - [2002] NSWADT 154

CITATION: Dixon -v- RNJ Sicame Pty Ltd & anor; Sims -v- RNJ Sicame Pty Ltd & anor [2002] NSWADT 154 revised - 11-Sep-2002

DIVISION: Equal Opportunity Division

PARTIES: 1. APPLICANT
Elsie Dixon
1. RESPONDENT
RNJ Sicame Pty Ltd
2. RESPONDENT
John Knox
2. APPLICANT
Jocelyn Sims
1. RESPONDENT
RNJ Sicame Pty Ltd
2. RESPONDENT
John Knox

FILE NUMBER: 011076; 011078

HEARING DATES: 05/03/02

SUBMISSIONS CLOSED: 04/03/2002

DATE OF DECISION:
08/30/2002

BEFORE: Britton A - Judicial Member; Taksa L - Member; Weule B - Member

APPLICATION: Joinder of parties

MATTER FOR DECISION: Preliminary decision

LEGISLATION CITED: Administrative Decisions Tribunal Act 1997
Anti-Discrimination Act 1977
Racial Discrimination Act 1975 (Cth)
Sex Discrimination Act 1984 (Cth)
Disability Discrimination Act 1992 (Cth)

CASES CITED: Australian Doctors Trained Overseas Association Inc v Director General, NSW Department of Health [2000] NSWADT 115
Bonnella v Wollongong City Council [2001] NSWADT 194
Bignell v NSW Casino Control Authority [2001] NSWADTAP 41
Z (No. 2) v University of A [2001] NSWADT 138
Z (No. 3) v University of A [2001] NSWADT 182
Allan v Transurban City Link Ltd [2001] HCA 58
Gregor v State of Victoria [2000] VCAT 414
Cooper v Human Rights Commission [1999] FCA 180
Adelaide City Corporation v Australasian Performing Rights Association Ltd (1928) 40 CLR 481
Elliott v Nanda & Commonwealth [2001] FCA 418
Young v Australian Workers' Union (1974) 5 ALR 347
Djokic v Sinclair & Central Queensland Meat Export Company (Aust) Pty Limited (1994) EOC T92-643
Horne & Anor v Press Clough Joint Venture & Anor (1994) EOC T92-556

REPRESENTATION: APPLICANTS
S Ryan, solicitor
RESPONDENTS
C Ronalds, barrister

ORDERS: 1. Applications to join the Automotive, Food, Metal, Engineering, Printing and Kindred Industries Union, NSW Branch, Sandra Zuliani and Martin Cartwright to proceedings 011076 and 011078 are refused.; 2. Application for costs to be determined at the conclusion of the proceedings.; 3. The applicants to file and serve Points of Claim, and any evidence on which they seek to rely within 28 days of the date of this decision.; 4. The respondents to file and serve Points of Defence, and any evidence on which they seek to rely within 28 days of receiving the documents referred to in Order 3.; 5. The applicants to file and serve any evidence in reply within 14 days of receipt of the documents referred to in Order 4.; 6. The matters to be set down for a case conference for the allocation of hearing dates at a date to be fixed by the Registrar.; 7. The parties be granted leave to restore this matter for further directions and/or orders upon 7 days notice.

1 This decision concerns an application to join the Automotive, Food, Metal, Engineering, Printing and Kindred Industries Union, NSW Branch (the union) and union organisers, Sandra Zuliani and Martin Cartwright (the Additional Parties) to these proceedings (011076 and 011078). This application is made by John Knox (the second respondent) and his employer, RNJ Sicame Pty Ltd (the first respondent). These proceedings concern complaints of sexual…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2002] NSWADT 154
Decision Date: 08/30/2002

CaseChat Overview and Summary

In the Federal Circuit Court of Australia, Dixon, a former employee, brought a claim against RNJ Sicame Pty Ltd. The dispute primarily revolves around the termination of Dixon's employment and the alleged wrongful dismissal by the respondent. Dixon sought to join additional parties, including the Automotive, Food, Metal, Engineering, Printing and Kindred Industries Union, NSW Branch, as well as Sandra Zuliani and Martin Cartwright, to the proceedings. The legal issues before the court were the admissibility of these additional parties and the timing for filing Points of Claim and Points of Defence, as well as the determination of costs.

The court considered the application to join the additional parties and determined that there was insufficient justification for their inclusion in the proceedings. Consequently, the applications to join the union and the individuals were dismissed. The court also addressed the procedural matters of the case, setting timelines for the filing of Points of Claim, Points of Defence, and any subsequent evidence. It was decided that the applicants had 28 days from the date of the decision to file their Points of Claim and evidence, with the respondents having 28 days from receipt of these documents to file their Points of Defence and evidence. A further 14 days was granted for the applicants to file any reply evidence. The court further mandated a case conference to be held to allocate hearing dates, with the option for the parties to restore the matter for further directions upon notice.

In conclusion, the court issued several orders aimed at streamlining the proceedings. The applications to join additional parties were refused, and specific timelines were established for the filing of various documents and evidence. The matters were set down for a case conference to determine the allocation of hearing dates, and the parties were granted leave to restore the matter for further directions if necessary. The decision also addressed the determination of costs, setting it to be resolved at the conclusion of the proceedings.

Orders

Orders of the court

1. Applications to join the Automotive, Food, Metal, Engineering, Printing and Kindred Industries Union, NSW Branch, Sandra Zuliani and Martin Cartwright to proceedings 011076 and 011078 are refused.; 2. Application for costs to be determined at the conclusion of the proceedings.; 3. The applicants to file and serve Points of Claim, and any evidence on which they seek to rely within 28 days of the date of this decision.; 4. The respondents to file and serve Points of Defence, and any evidence on which they seek to rely within 28 days of receiving the documents referred to in Order 3.; 5. The applicants to file and serve any evidence in reply within 14 days of receipt of the documents referred to in Order 4.; 6. The matters to be set down for a case conference for the allocation of hearing dates at a date to be fixed by the Registrar.; 7. The parties be granted leave to restore this matter for further directions and/or orders upon 7 days notice.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

CITATION:	Dixon -v- RNJ Sicame Pty Ltd & anor; Sims -v- RNJ Sicame Pty Ltd & anor [2002] NSWADT 154 revised - 11-Sep-2002
DIVISION:	Equal Opportunity Division
PARTIES:	1. APPLICANT Elsie Dixon 1. RESPONDENT RNJ Sicame Pty Ltd 2. RESPONDENT John Knox 2. APPLICANT Jocelyn Sims 1. RESPONDENT RNJ Sicame Pty Ltd 2. RESPONDENT John Knox
FILE NUMBER:	011076; 011078
HEARING DATES:	05/03/02
SUBMISSIONS CLOSED:	04/03/2002
DATE OF DECISION:	08/30/2002
BEFORE:	Britton A - Judicial Member; Taksa L - Member; Weule B - Member
APPLICATION:	Joinder of parties
MATTER FOR DECISION:	Preliminary decision
LEGISLATION CITED:	Administrative Decisions Tribunal Act 1997 Anti-Discrimination Act 1977 Racial Discrimination Act 1975 (Cth) Sex Discrimination Act 1984 (Cth) Disability Discrimination Act 1992 (Cth)
CASES CITED:	Australian Doctors Trained Overseas Association Inc v Director General, NSW Department of Health [2000] NSWADT 115 Bonnella v Wollongong City Council [2001] NSWADT 194 Bignell v NSW Casino Control Authority [2001] NSWADTAP 41 Z (No. 2) v University of A [2001] NSWADT 138 Z (No. 3) v University of A [2001] NSWADT 182 Allan v Transurban City Link Ltd [2001] HCA 58 Gregor v State of Victoria [2000] VCAT 414 Cooper v Human Rights Commission [1999] FCA 180 Adelaide City Corporation v Australasian Performing Rights Association Ltd (1928) 40 CLR 481 Elliott v Nanda & Commonwealth [2001] FCA 418 Young v Australian Workers' Union (1974) 5 ALR 347 Djokic v Sinclair & Central Queensland Meat Export Company (Aust) Pty Limited (1994) EOC T92-643 Horne & Anor v Press Clough Joint Venture & Anor (1994) EOC T92-556
REPRESENTATION:	APPLICANTS S Ryan, solicitor RESPONDENTS C Ronalds, barrister
ORDERS:	1. Applications to join the Automotive, Food, Metal, Engineering, Printing and Kindred Industries Union, NSW Branch, Sandra Zuliani and Martin Cartwright to proceedings 011076 and 011078 are refused.; 2. Application for costs to be determined at the conclusion of the proceedings.; 3. The applicants to file and serve Points of Claim, and any evidence on which they seek to rely within 28 days of the date of this decision.; 4. The respondents to file and serve Points of Defence, and any evidence on which they seek to rely within 28 days of receiving the documents referred to in Order 3.; 5. The applicants to file and serve any evidence in reply within 14 days of receipt of the documents referred to in Order 4.; 6. The matters to be set down for a case conference for the allocation of hearing dates at a date to be fixed by the Registrar.; 7. The parties be granted leave to restore this matter for further directions and/or orders upon 7 days notice.