Tendek v Anglicare Sydney [2021] NSWCATAD 235

Tendek v Anglicare Sydney [2021] NSWCATAD 235

The claim and evidence are lacking in substance and do not establish an arguable case that the use of chemicals by Anglicare Sydney constitutes discrimination on the ground of disability under the relevant statutory provisions. It is fair and just to refuse leave for the complaint to proceed.

Jurisdiction
Australia
Judgment Date
13 August 2021
Procedural Posture
Administrative and Equal Opportunity Complaint / Application for Leave to Proceed Reviewed by Tribunal
Outcome
Leave to proceed with the complaint is refused.
Legal Topics
['disability Discrimination' 'accommodation' 'grant of Leave']
['human Rights' 'equal Opportunity' 'administrative Law'] ['disability Discrimination' 'accommodation' 'grant of Leave']

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Procedural Posture

Administrative and Equal Opportunity Complaint / Application for Leave to Proceed Reviewed by Tribunal

Legal Issues

  1. 1 ['Whether leave should be granted for complaint to proceed under Anti-Discrimination Act 1977 (NSW)' 'Whether the complaint establishes arguable case of discrimination on the ground of disability in accommodation']

Ratio Decidendi

The claim and evidence are lacking in substance and do not establish an arguable case that the use of chemicals by Anglicare Sydney constitutes discrimination on the ground of disability under the relevant statutory provisions. It is fair and just to refuse leave for the complaint to proceed.

Court Disposition

Leave to proceed with the complaint is refused.

Orders

  • ['Leave for the complaint against Anglicare Sydney to proceed is refused.']