Yeoh v IBM Australia Limited

In the matter of *Yeoh v IBM Australia Limited*, the applicant, Ms. Yeoh, brought proceedings against the respondent, IBM Australia Limited, alleging discrimination on the basis of her race and sex. The case was heard in the Federal Court of Australia.

The primary legal issues before the Court were whether IBM Australia Limited had discriminated against Ms. Yeoh on the grounds of her race and sex, and whether the company had taken adverse action against her because of her complaints about this alleged discrimination. Specifically, the Court was required to determine if the termination of Ms. Yeoh's employment constituted unlawful discrimination under the relevant provisions of the *Racial Discrimination Act 1975* (Cth) and the *Sex Discrimination Act 1984* (Cth).

Judge Street considered the evidence presented by both parties, including Ms. Yeoh's testimony regarding her experiences within the workplace and IBM's explanations for the termination of her employment. The Court applied the legal principles established in discrimination law, focusing on whether the adverse action taken against Ms. Yeoh was causally connected to her race and sex, or to her making complaints about perceived discrimination. The Court analysed the employer's conduct and motivations in light of the statutory tests for unlawful discrimination and adverse action.

The Court found that Ms. Yeoh had not established that the termination of her employment was an act of unlawful discrimination on the grounds of her race or sex, nor had she proven that the adverse action was taken because she made complaints of discrimination. Accordingly, the application was dismissed.