Haile v Rail Corporation NSW [2010] NSWADT 286

Haile v Rail Corporation NSW [2010] NSWADT 286

Mr Haile failed to establish a prima facie case that RailCorp's conduct was on the ground of his race. Both Mr Haile and RailCorp offered reasons for the treatment that were unrelated to race, and it was highly unlikely that a Tribunal would find race was a factor. Leave to proceed with the complaint was refused as lacking in substance.

Parties
Applicant: Besatu Haile; Respondent: Rail Corporation NSW
Jurisdiction
Australia
Judgment Date
01 December 2010
Procedural Posture
Complaint of Race Discrimination in Employment / Application for Leave to Proceed After Complaint Declined by Anti Discrimination Board
Outcome
Leave refused
Legal Topics
Race Discrimination, Leave to Proceed, Employment Conditions
Anti Discrimination Law Employment Law Race Discrimination Leave to Proceed Employment Conditions

Case Brief

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Parties

Besatu Haile

Applicant

Rail Corporation NSW

Respondent

Procedural Posture

Complaint of Race Discrimination in Employment / Application for Leave to Proceed After Complaint Declined by Anti Discrimination Board

Legal Issues

  1. 1 Whether RailCorp discriminated against Mr Haile on the ground of race
  2. 2 Whether leave should be granted for the complaint to proceed

Ratio Decidendi

Mr Haile failed to establish a prima facie case that RailCorp's conduct was on the ground of his race. Both Mr Haile and RailCorp offered reasons for the treatment that were unrelated to race, and it was highly unlikely that a Tribunal would find race was a factor. Leave to proceed with the complaint was refused as lacking in substance.

Court Disposition

Leave refused

Orders

  • Leave is refused for the applicant's complaint of race discrimination to proceed.