Dubow v Attorney-General's Department

CITATION:	Dubow -v- Attorney-General’s Department [2005] NSWADT 231
DIVISION:	Equal Opportunity Division
PARTIES:	APPLICANT Yolande Victoria Dubow RESPONDENT Attorney-General’s Department
FILE NUMBER:	041041; 041116
HEARING DATES:	06/12/04-08/12/04
SUBMISSIONS CLOSED:	02/16/2005
DATE OF DECISION:	10/13/2005
BEFORE:	Grotte E - Judicial Member; Gill M - Non Judicial Member; Bolt M - Non Judicial Member
APPLICATION:	Disability Discrimination - In work - Carers' Responsibility Discrimination - in work - Victimisation
MATTER FOR DECISION:	Principal matter
LEGISLATION CITED:	Administrative Decisions Tribunal Act 1997 Anti-Discrimination Act 1977
CASES CITED:	Australian Iron and Steel Pty Ltd v Banovic (1987) 168 CLR 165 Commissioner of Corrective Services v Government and Related Employees Appeal Tribunal & Anor (2004) NSWCA 291 IW v City of Perth (1997) 191 CLR 1 Livesey v New South Wales Bar Association (1983) 151 CLR 288 Pignat v Richmond Valley Council (2005) NSWADT 162 Purvis v NSW (2003) 202 ALR 133 Re Refugee Review Tribunal; Ex Parte H (2001) HCA 28 Reddy v International Cargo Express (2004) NSWADT 218 Sivananthan v Commissioner of Police, NSW Police Service (2001) NSWADT 44 Waters v Pubic Transport Corporation (1991) 173 CLR 349
REPRESENTATION:	APPLICANT In person RESPONDENT S Benson, barrister
ORDERS:	(i) The Complaints are dismissed; (ii) No Order as to Costs

1 The Applicant in these proceedings, Ms Yolande Dubow, claims both direct and indirect discrimination in employment on the grounds of disability and carer’s responsibilities. She also claims victimisation as a result of making a complaint to the Anti-Discrimination Board (ADB).

2 On 1 August 2003 the Applicant lodged a complaint with the ADB alleging discrimination in employment on the grounds of actual or perceived homosexuality and actual or perceived disability. The ground of actual or perceived homosexuality was later abandoned.

3 On 4 March 2004 and on 16 March 2004 Ms Dubow lodged complaints alleging victimisation. Concurrently she filed a threatened dismissal claim in the Industrial Relations Commission. On 20 May 2004 Ms Dubow lodged a further complaint with the ADB alleging disability and carer’s responsibility discrimination in employment as well as victimisation.

4 These complaints were referred to this Tribunal pursuant to section 94(1) of the Anti-Discrimination Act 1977 (ADA).

Applicant’s Complaints and Evidence

5 Ms Dubow claimed that her substantive position since June 1998 was Legal Research Officer to the President of the Supreme Court of New South Wales. She claimed that she commenced as a Grade 3 Legal Officer and remained so as the hours and work conditions suited her preferred lifestyle. Ms Dubow claimed that in March 2003 she developed respiratory problems/asthma, which were made worse by her work environment. She claimed that she had developed a respiratory tract infection, which turned into regular bouts of asthma in the Book Room of the Supreme Court. She claimed that she completed an Occupational Health and Safety notification and provided a Workcover certificate to her employer stating that she had developed occupational asthma and a dust allergy.

6 Ms Dubow claimed that she spoke with the Acting Chief Executive Officer, Megan Greenwood,…