Cavar v Uniting (NSW ACT) [2020] NSWCATAD 82

Cavar v Uniting (NSW ACT) [2020] NSWCATAD 82

The applicant's allegations, even taken at their highest, did not provide evidence capable of supporting a finding of discrimination based on age or race. The more probable explanation for the refusal of employment was failure to provide proper documentation, not her age or race. Consequently, the complaint was misconceived or lacking in substance, and leave to proceed was refused.

Parties
Applicant: Celia Cavar; Respondent: Uniting (NSW ACT)
Jurisdiction
Australia
Judgment Date
13 March 2020
Procedural Posture
Administrative Complaint Under Anti Discrimination Act / Application for Leave to Proceed After President Declined Complaint
Outcome
Leave refused; complaint cannot proceed.
Legal Topics
Age Discrimination, Race Discrimination, Leave to Proceed, Employment Applications
Anti Discrimination Law Employment Law Age Discrimination Race Discrimination Leave to Proceed Employment Applications

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Celia Cavar

Applicant

Uniting (NSW ACT)

Respondent

Procedural Posture

Administrative Complaint Under Anti Discrimination Act / Application for Leave to Proceed After President Declined Complaint

Legal Issues

  1. 1 Whether leave should be granted for the complaint of age and race discrimination to proceed where the President has declined the complaint as lacking in substance under the Anti-Discrimination Act 1977 (NSW)

Ratio Decidendi

The applicant's allegations, even taken at their highest, did not provide evidence capable of supporting a finding of discrimination based on age or race. The more probable explanation for the refusal of employment was failure to provide proper documentation, not her age or race. Consequently, the complaint was misconceived or lacking in substance, and leave to proceed was refused.

Court Disposition

Leave refused; complaint cannot proceed.

Orders

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