Evans v National Crime Authority

FEDERAL MAGISTRATES COURT OF AUSTRALIA

EVANS v NATIONAL CRIME AUTHORITY [2003] FMCA 375

HUMAN RIGHTS – SEX DISCRIMINATION – DISCRIMINATION ON THE GROUNDS OF FAMILY RESPONSIBILITIES – Whether the applicant was a single mother with responsibilities for a six year old child – whether the applicant was employed as an intelligence analyst on an important reference – where the applicant was required to take personal leave in the form of sick leave and carers leave – where all leave taken was in the applicant’s entitlements pursuant to her contract of employment, the NCA Certified Agreement 2000-2002 – where the applicant was criticised for her attendance record by a superior officer of the respondent – where the applicant was told she would have to give a 100% commitment to the job – where the applicant was given a rating in her performance review that reflected concerns about her attendance record – where the applicant was not given an extension of contract for one year – where the applicant was only given extension of contract for three months – where the applicant was informed within one month that the extended contract would not be reviewed – where the applicant made complaints about the conduct of the superior officer – where the superior officer made comments critical of members of staff taking carers leave – where meetings were arranged which did not resolve the issues – where further remarks were made concerning the applicant taking carers leave – where the applicant took personal leave for stress as a result of the activities of the respondent – where the applicant was transferred from one position to another without notice – where senior member NCA indicated that he would not have employed the applicant if he had known she had a child and was required to take carers leave – where applicant resigned – whether applicant was constructively dismissed – whether actions of NCA constituted breaches of s.14(2) of the SDA and breaches of s.14(3A) of the SDA – whether applicant suffered dysthymic disorder – measure of damages – where apology requested.

CONTRACT OF EMPLOYMENT – BREACH OF CONTRACT – CONSTRUCTIVE DISMISSAL – where applicant took personal leave in  accordance with her entitlements – where the taking of such leave was criticised – where actions of the respondent constituted constructive dismissal.

Sex Discrimination Act 1984 (Cth), ss.5, 6, 7, 7A, 7B, 8, 14

IW v City of Perth (1997) 191 CLR 1
Commonwealth v HREOC (Dopking No 1) (1993) 46 FCR 191
HREOC v Mt Isa Mines (1993) 46 FCR 301
Western Excavating v Sharp (1978) 1 QB 761
Mohazab v Dick Smith Electronics Pty Limited (No 2) (1999) 88 IR 259 Allison v Bega Valley Council (1995) 63 IR 68
Mayer v A.N.S.T.O [2003] FMCA 209
Escobar v Rainbow Printing Pty Limited (No 2) [2002] FMCA 122
Bligh v State of Queensland (1996) EOC 92-848
City of Perth v An Individual Member of People Living with Aids (1992) 29 ALD 235
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