Ritchie v Financial Ombudsman Service Ltd [2015] NSWCATAD 72

Ritchie v Financial Ombudsman Service Ltd [2015] NSWCATAD 72

The complaint lacked substance because there was no evidence that FOS treated Mr Ritchie less favourably because of his disability. Skipping the recommendation stage was a standard process, not connected to his disability. He had a reasonable opportunity to present his case. It was not fair or just for the complaint to proceed.

Parties
Applicant: Allan Ritchie; Respondent: Financial Ombudsman Service Ltd
Jurisdiction
Australia
Judgment Date
24 February 2015
Procedural Posture
Application for Leave to Proceed With Complaint of Disability Discrimination / Determination of Application for Leave
Outcome
Leave refused for the applicant's complaint of disability discrimination to proceed.
Legal Topics
Disability Discrimination, Provision of Services, Leave to Proceed, External Dispute Resolution
Anti Discrimination Administrative Law Disability Discrimination Provision of Services Leave to Proceed External Dispute Resolution

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Parties

Allan Ritchie

Applicant

Financial Ombudsman Service Ltd

Respondent

Procedural Posture

Application for Leave to Proceed With Complaint of Disability Discrimination / Determination of Application for Leave

Legal Issues

  1. 1 Whether the complaint of disability discrimination against the Financial Ombudsman Service Ltd should be allowed to proceed after being declined by the President of the Anti-Discrimination Board
  2. 2 Whether the applicant was discriminated against directly or indirectly on the ground of disability in the provision of services by the respondent

Ratio Decidendi

The complaint lacked substance because there was no evidence that FOS treated Mr Ritchie less favourably because of his disability. Skipping the recommendation stage was a standard process, not connected to his disability. He had a reasonable opportunity to present his case. It was not fair or just for the complaint to proceed.

Court Disposition

Leave refused for the applicant's complaint of disability discrimination to proceed.

Orders

  • Leave is refused for the applicant's application for a complaint of disability discrimination to proceed.