Kumar v Point of Care Diagnostics Pty Ltd [2020] NSWCATAD 312

Kumar v Point of Care Diagnostics Pty Ltd [2020] NSWCATAD 312

The Tribunal permitted the amendment to extend the complaint period for racial discrimination in employment and to add a complaint against Mr Alex Cross and Mr Rupert Haines for breach of s 52 in permitting unlawful conduct. The applicant's requests to add complaints of victimisation and racial vilification were refused due to insufficient evidence to warrant amendment. Joinder of Mr Cross and Mr Haines was justified by material suggesting they may have permitted unlawful conduct.

Jurisdiction
Australia
Judgment Date
14 December 2020
Procedural Posture
Complaint Under Anti Discrimination Act 1977 (nsw) / Preliminary Procedural Ruling on Amendment and Joinder
Outcome
Partial amendment granted; joinder of two respondents; application to add racial vilification complaint refused
Legal Topics
['racial Discrimination' 'victimisation' 'racial Vilification' 'joinder of Parties' 'amendment of Complaint']
['human Rights' 'employment Law' 'civil Procedure'] ['racial Discrimination' 'victimisation' 'racial Vilification' 'joinder of Parties' 'amendment of Complaint']

Case Brief

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Procedural Posture

Complaint Under Anti Discrimination Act 1977 (nsw) / Preliminary Procedural Ruling on Amendment and Joinder

Legal Issues

  1. 1 ['Whether the period of the complaint regarding racial discrimination in employment should be extended' 'Whether a complaint of victimisation should be permitted' 'Whether a complaint of racial vilification should be permitted' 'Whether additional respondents should be joined for s 52 breach']

Ratio Decidendi

The Tribunal permitted the amendment to extend the complaint period for racial discrimination in employment and to add a complaint against Mr Alex Cross and Mr Rupert Haines for breach of s 52 in permitting unlawful conduct. The applicant's requests to add complaints of victimisation and racial vilification were refused due to insufficient evidence to warrant amendment. Joinder of Mr Cross and Mr Haines was justified by material suggesting they may have permitted unlawful conduct.

Court Disposition

Partial amendment granted; joinder of two respondents; application to add racial vilification complaint refused

Orders

  • ['The complaint is amended to extend the period of alleged racial discrimination in employment to between 1 March 2017 and 15 June 2020 under ss 7 and 8 of the Anti-Discrimination Act 1977.' 'A complaint is added alleging Mr Alex Cross and Mr Rupert Haines breached s 52 of the Anti-Discrimination Act by permitting...