Chen v Premier Motor Services Pty Ltd (No 2) [2018] NSWCATAD 175

Chen v Premier Motor Services Pty Ltd (No 2) [2018] NSWCATAD 175

Leave was refused because, although there was no dispute that Mr Chen had lodged a discrimination complaint and some alleged detriments were assumed for the leave application, there was little evidence that Premier Illawarra subjected him to any detriment because he had made the racial discrimination complaint. The respondent's explanations based on safety, privacy, perceived harassment, vexatious complaints, and general CCTV use provided plausible non-victimisation reasons, making it highly unlikely that Mr Chen could substantiate causation or discharge his onus.

Jurisdiction
Australia
Judgment Date
08 August 2018
Procedural Posture
Application for Leave to Proceed With a Victimisation Complaint Declined by the President of the Anti Discrimination Board as Lacking in Substance / Leave Application in the Administrative and Equal Opportunity Division of the Civil and Administrative Tribunal of New South Wales
Outcome
Leave to proceed with the complaint of victimisation is refused.
Legal Topics
['victimisation' 'leave to Proceed With Complaint' 'complaint Lacking in Substance' 'causation' 'detriment']
['anti Discrimination Law' 'administrative Law'] ['victimisation' 'leave to Proceed With Complaint' 'complaint Lacking in Substance' 'causation' 'detriment']

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Procedural Posture

Application for Leave to Proceed With a Victimisation Complaint Declined by the President of the Anti Discrimination Board as Lacking in Substance / Leave Application in the Administrative and Equal Opportunity Division of the Civil and Administrative Tribunal of New South Wales

Legal Issues

  1. 1 ["Whether it was fair and just to grant leave for Mr Chen's victimisation complaint to proceed in the Tribunal" 'Whether Mr Chen was likely to establish that Premier Illawarra subjected him to detriments on the ground that he had made a racial discrimination complaint' 'Whether the alleged detriments were supported by sufficient evidence']

Ratio Decidendi

Leave was refused because, although there was no dispute that Mr Chen had lodged a discrimination complaint and some alleged detriments were assumed for the leave application, there was little evidence that Premier Illawarra subjected him to any detriment because he had made the racial discrimination complaint. The respondent's explanations based on safety, privacy, perceived harassment, vexatious complaints, and general CCTV use provided plausible non-victimisation reasons, making it highly unlikely that Mr Chen could substantiate causation or discharge his onus.

Court Disposition

Leave to proceed with the complaint of victimisation is refused.

Orders

  • ['Leave to proceed with the complaint of victimisation is refused.']