Jo-Anne Finch v The Heat Group Pty Ltd

[2011] HCASL 117

JO-ANNE FINCH
v
THE HEAT GROUP PTY LTD & ORS
[2011] HCASL 117
M17/2011

1. The applicant brought a complaint of sexual discrimination against her former employer, the first respondent, and various officers and senior managers of the first respondent under the Equal Opportunity Act 1995 (Vic) ("the Act"). The applicant claimed to have been discriminated against on the basis of her sex and her pregnancy and to have been victimised as a result of making complaints under the Act.

2. On 29 June 2010, the Victorian Civil and Administrative Tribunal ("the Tribunal") ordered that the complaint be dismissed. The Tribunal rejected the applicant's claims as unmeritorious.  The Tribunal found that she lacked credibility as a witness, noting that parts of her testimony were inconsistent, evasive, unproven and untruthful.  The Tribunal was not prepared to accept her evidence unless corroborated, and found that there was very little evidence which directly confirmed the applicant's account and that the evidence of the applicant's witnesses was only in a general sense supportive of the applicant's complaint.

3. On 5 October 2010, the Court of Appeal (Warren CJ and Mandie JA) refused the applicant’s application for leave to appeal from the Tribunal's decision on a question of law. The application related to only one act of alleged victimisation of her namely the sending of a warning letter by her former employer.  The Court was unable to identify any question of law arising from the applicant's proposed grounds of appeal warranting the grant of leave to appeal.  Those grounds related principally to questions of fact and how these questions were dealt with by the Tribunal.  The Court further held that the Tribunal's decision was not attended by sufficient doubt as would justify a grant of leave to appeal.

4. The applicant requires an extension of time to file her application in this Court.  That extension should not be granted.  The applicant has not advanced any question of law that would justify a grant of special leave to appeal and does not enjoy sufficient prospects of success to warrant special leave being granted.

5. Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application.

W.M.C. Gummow	S.M. Kiefel
9 June 2011