McRostie v. Boral Resources

The complainant was an employee of the respondent company. The complainant filed this complaint against the respondent primarily for appointing a man, J., in the position of Administration Manager without advertising the position and therefore not giving the complainant an opportunity to compete for the position. The complaint rested on the following: (i) discriminating in complainant’s salary because J., even though he held positions of similar ranking and job descriptions over the years, always received a higher salary than the complainant by at least $5,000; (ii) removing complainant’s name from the list of attendees to the Perth Conference of the Institute of Quarrying; (iii) not giving her the opportunity to relieve her line manager from his duties during his absence and giving this task to J.; (iv) deciding not to give her the task of delivering a presentation even though she was the project coordinator and instead giving it to J.; (v) placing J. on the Archipegalo Project and denying complainant’s request for leave time; and (vi) selecting J. to conduct a computer training when complainant had expertise in the area. The complainant suffered from emotional distress and subsequently resigned from her position. The complainant sought compensation for the ongoing financial loss caused by not finding a full-time employment since her resignation. The Anti-Discrimination Tribunal did not find discrimination on the part of respondent based on complainant’s allegations, except for two years of salary discrimination. Accordingly, the Tribunal ordered the respondent to pay the complainant a compensation sum for the difference in the salaries within 30 days.