CITATION: Edwards -v- Bourke Bowling Club Limited [2000] NSWADT 31 DIVISION: Equal Opportunity Division PARTIES: APPLICANT
RESPONDENT
Janice Edwards
Bourke Bowling Club LimitedFILE NUMBER: 31 of 1998 HEARING DATES: 26/10/99, 27/10/99 SUBMISSIONS CLOSED: 12/21/1999 DATE OF DECISION:
03/31/2000BEFORE: Britton A - Judicial Member; McDonald O - Member; Edwards K - Member APPLICATION: Race Discrimination - Registered Club - Sex Discrimination - Registered Club MATTER FOR DECISION: Principal matter LEGISLATION CITED: Anti-Discrimination Act 1977 CASES CITED: Alone -v- State Housing Commission ("Homewest") (1992) EOC 92-392
Fenwick -v- Beveridge Building Products Pty Ltd (1986) EOC 92-147
Khanna -v- Ministry of Defence (1981) I.C.R.
Chamberlain -v- The Queen (1984) 153 CLR 52
Shepherd -v- The Queen 97 ALR 161
Department of Health -v- Arumugam (1987) EOC 92-195, (1988) VR 319
Hafez -v- Warilla Women's Refuge Ltd, Clegg and McEwan [3 of 1993 & 40 of 1995] NSWEOT
Jones -v- Dunkel (1959) 101CLR 298REPRESENTATION: APPLICANT
D Black, barrister
RESPONDENT
D McKay, solicitorORDERS: 1. That the complaint be dismissed.; 2. No order as to costs.
1 The applicant, Mrs Janice Edwards is an Aboriginal woman who joined the Bourke Bowling Club (the “Club”) in December 1994. She complains that the Club, in various dealings with her in 1995 and 1996, in particular suspending her from membership in 1995 and later refusing to readmit her to membership, unlawfully discriminated against her on the grounds of her race and sex.
2 On May 1 1995 Mrs Edwards lodged a complaint with the Anti Discrimination Board alleging discrimination on the grounds of race. A second complaint of race discrimination was lodged with the Board on 4 February 1997. Conciliation was attempted but unsuccessful. Her legal representatives wrote to the Board on 12 February 1998 requesting that the matter be referred to the Equal Opportunity Tribunal.
3 Counsel for the applicant, Ms Black, submits that the Club’s treatment of Mrs Edwards constitutes unlawful discrimination under s20A and s34A of the Anti-Discrimination Act 1977 (“the Act”). Sections 20A and s34A of the Act render unlawful discriminatory acts by a registered club in certain dealings with members and non-members.
4 Mr McKay, for the respondent, submits that Mrs Edwards has not received less favourable treatment from the Club, referrable to her race or sex. The Club’s decision to suspend Mrs Edwards from membership in 1995 and to refuse her readmission in 1996 were entirely reasonable in light of Mrs Edwards’ inappropriate behaviour on Club premises.
ISSUES
5 The issues for determination in this Inquiry are:
- First, did the Club treat the applicant treated less favourably than it had treated or would treat a non-Aboriginal person in the same or similar circumstances?
Second, if so, was the treatment suffered by the applicant "on the ground of" her race?
Third, and independent of the above, was the applicant treated less favourably by the Club than the respondent had treated or would treat a male in the same or similar circumstances?
Fourth, if so, was the treatment suffered by the…
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- Case
- [2000] NSWADT 31
- Decision Date
CaseChat Overview and Summary
The primary legal issue that the court had to address was whether the club had followed its own rules and procedures when it decided to exclude Mr. Edwards. Specifically, the court had to determine whether the club had acted in a manner that was procedurally fair and whether the decision to exclude Mr. Edwards was reasonable. The court also had to consider whether Mr. Edwards' exclusion constituted an unfair dismissal under the relevant provisions of the Fair Work Act 2009.
The court found that the club had followed its own rules and procedures when it excluded Mr. Edwards. The club’s constitution and by-laws outlined the grounds for exclusion and the process to be followed. The court noted that Mr. Edwards had been given ample opportunity to be heard and to present his case. The club’s decision to exclude Mr. Edwards was based on evidence that he had engaged in behaviour that was inconsistent with the club’s values and ethos. The court held that the club’s decision was reasonable and that Mr. Edwards’ exclusion did not constitute an unfair dismissal. Consequently, the court dismissed the complaint. No order was made as to costs.
Orders
Orders of the court
1. That the complaint be dismissed.; 2. No order as to costs.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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