Cavar v Coles Supermarkets (Australia) Pty Ltd [2020] NSWCATAD 83

Cavar v Coles Supermarkets (Australia) Pty Ltd [2020] NSWCATAD 83

The applicant failed to adduce any evidence that her age or race was a real, genuine, or true reason for her dismissal or failure to secure further employment. The allegations, even taken at their highest, do not disclose direct discrimination under the Anti-Discrimination Act 1977 (NSW). The complaint is misconceived and lacking in substance and does not warrant granting leave to proceed.

Jurisdiction
Australia
Judgment Date
13 March 2020
Procedural Posture
Complaint Under Anti Discrimination Act 1977 (nsw) / Application for Leave to Proceed After Complaint Declined by President Under S 92
Outcome
Leave refused
Legal Topics
['leave to Proceed' 'race Discrimination' 'age Discrimination' 'direct Discrimination' 'employment Discrimination' 'causation']
['administrative Law' 'equal Opportunity Law' 'employment Law'] ['leave to Proceed' 'race Discrimination' 'age Discrimination' 'direct Discrimination' 'employment Discrimination' 'causation']

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Procedural Posture

Complaint Under Anti Discrimination Act 1977 (nsw) / Application for Leave to Proceed After Complaint Declined by President Under S 92

Legal Issues

  1. 1 ['Whether leave should be granted to proceed with a complaint of race and age discrimination in employment' "Whether the applicant's complaint discloses evidence capable of establishing direct discrimination under the Anti-Discrimination Act 1977 (NSW)"]

Ratio Decidendi

The applicant failed to adduce any evidence that her age or race was a real, genuine, or true reason for her dismissal or failure to secure further employment. The allegations, even taken at their highest, do not disclose direct discrimination under the Anti-Discrimination Act 1977 (NSW). The complaint is misconceived and lacking in substance and does not warrant granting leave to proceed.

Court Disposition

Leave refused

Orders

  • ["Leave for the applicant's complaint of discrimination to proceed is refused."]