Francis -V- Director General, Department Of School Education [1996] NSWEOT

Francis -V- Director General, Department Of School Education [1996] NSWEOT

The complaint failed because the evidence showed that the Department's requirements and advice were consistent with applicable policy requiring English language skills assessment, Queensland recognition and Nigerian teaching did not remove the New South Wales ELSA requirement, missing file material did not assist proof, the delay claim failed because the Complainant had not shown he could have obtained employment during the delay and later failed the ELSA test, the ELSA indirect discrimination claim was not made out, and the personal suitability statement was a statement of fact rather than victimisation.

Jurisdiction
Australia
Judgment Date
12 September 1996
Procedural Posture
Race Discrimination in Employment and Victimisation Complaint / Final Hearing and Determination
Outcome
Complaint dismissed; judgment in favour of the Respondent.
Legal Topics
['race Discrimination' 'victimisation' 'indirect Discrimination' 'overseas Qualified Teacher Applications' 'english Language Skills Testing']
['anti Discrimination' 'employment'] ['race Discrimination' 'victimisation' 'indirect Discrimination' 'overseas Qualified Teacher Applications' 'english Language Skills Testing']

Case Brief

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Procedural Posture

Race Discrimination in Employment and Victimisation Complaint / Final Hearing and Determination

Legal Issues

  1. 1 ['Whether the Complainant was treated less favourably by not being afforded an interview before English language skills testing.' "Whether the Department's failure to treat teaching in Nigeria as entitling the Complainant to an ELSA exemption was race discrimination or victimisation." 'Whether advice requiring the Complainant to sit the ELSA test before satisfying personal suitability was discriminatory or victimising.' "Whether missing folios from the Complainant's file assisted proof of discrimination or victimisation." "Whether delay in considering the Complainant's second appeal amounted to discrimination or victimisation." 'Whether the structure of the ELSA test imposed an indirectly discriminatory requirement.' 'Whether the handwritten statement that the Complainant had not satisfied personal suitability qualities was victimisation.']

Ratio Decidendi

The complaint failed because the evidence showed that the Department's requirements and advice were consistent with applicable policy requiring English language skills assessment, Queensland recognition and Nigerian teaching did not remove the New South Wales ELSA requirement, missing file material did not assist proof, the delay claim failed because the Complainant had not shown he could have obtained employment during the delay and later failed the ELSA test, the ELSA indirect discrimination claim was not made out, and the personal suitability statement was a statement of fact rather than victimisation.

Court Disposition

Complaint dismissed; judgment in favour of the Respondent.

Orders

  • ['The complaint is dismissed.' 'Each party is to pay their own costs.']