FLETCHER AND RSPCA

The case of Fletcher and the RSPCA involves a complaint of discrimination in the provision of goods and services, specifically related to allegations of sexual harassment. The matter was heard by the Anti-Discrimination Tribunal of Queensland, with Mr G C Lalor, the Deputy President presiding over the case on 19 June 2007. The Tribunal was tasked with considering a strike out application, which aimed to dismiss the complaint on the grounds that it lacked substance.

The primary legal issue before the Tribunal was whether the complaint made by the applicant against the respondent contained sufficient evidence to warrant further investigation or proceedings under the Discrimination Act 1991. Specifically, the Tribunal had to determine whether the evidence presented was enough to infer that the respondent had engaged in discriminatory conduct amounting to sexual harassment. The applicant's complaint alleged that the respondent had made unwelcome sexual advances, and that this behaviour constituted discrimination.

The Tribunal, in delivering its decision, carefully considered the evidence presented by both parties. It concluded that the evidence provided by the applicant was insufficient to support the allegations of sexual harassment. The Tribunal found that the inferences that could be drawn from the evidence did not meet the threshold required to establish the discriminatory conduct alleged. Consequently, the Tribunal determined that the complaint lacked substance and ordered that it be struck out under section 79 of the Discrimination Act 1991. This decision was based on the Tribunal's assessment that the evidence did not substantiate the applicant's claims to the requisite standard.