Quach -v- J Robins (Chippendale) Pty Ltd [1999] NSWADT 63

Quach -v- J Robins (Chippendale) Pty Ltd [1999] NSWADT 63

The Tribunal held that Mr Quach had not been dismissed on account of his race or any characteristic generally appertaining to people of his race within the meaning of the Act. The causative factor was his conduct in pulling a knife, not his race. The 'but for' test was affirmed as authoritative, and there was no evidence justifying judicial notice of the height characteristic advanced. Accordingly, no breach of the Anti-Discrimination Act 1977 was established.

Parties
Applicant: Chinh Van Quach; Respondent: J Robins (Chippendale) Pty Ltd
Jurisdiction
Australia
Judgment Date
12 August 1999
Procedural Posture
Race Discrimination Employment / Principal Matter, Decision
Outcome
Complaint dismissed
Legal Topics
Race Discrimination, Unfair Dismissal, Evidentiary Standards, Comparative Treatment
Anti Discrimination Law Employment Law Race Discrimination Unfair Dismissal Evidentiary Standards Comparative Treatment

Case Brief

Summary, issues, holding and outcome

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Parties

Chinh Van Quach

Applicant

J Robins (Chippendale) Pty Ltd

Respondent

Procedural Posture

Race Discrimination Employment / Principal Matter, Decision

Legal Issues

  1. 1 Whether the applicant was dismissed on the ground of his race or a characteristic generally appertaining or imputed to people of his race under the Anti-Discrimination Act 1977
  2. 2 Whether being shorter than a person of Anglo-Australian race is a characteristic generally appertaining to people of Vietnamese race for the purposes of the Act
  3. 3 Whether the but for or subjective test applies in identifying discriminatory conduct under the Act

Ratio Decidendi

The Tribunal held that Mr Quach had not been dismissed on account of his race or any characteristic generally appertaining to people of his race within the meaning of the Act. The causative factor was his conduct in pulling a knife, not his race. The 'but for' test was affirmed as authoritative, and there was no evidence justifying judicial notice of the height characteristic advanced. Accordingly, no breach of the Anti-Discrimination Act 1977 was established.

Court Disposition

Complaint dismissed

Orders

  • Complaint dismissed
  • Subject only to an application in relation costs being filed in the Tribunal within 14 days of this decision, no order is made as to costs, pursuant to s114 (1) of the Act.