Murphy v David Jones Limited [2002] NSWADT 140

Murphy v David Jones Limited [2002] NSWADT 140

The applicant was discriminated against on grounds of race when a co-worker referred to him as 'boy', a term with racially derogatory connotations when used towards African Americans. No other allegations of discrimination or of victimisation were substantiated as there was insufficient evidence that treatment was on the ground of race or the making of a complaint.

Parties
Applicant: Emmett Joel Murphy Junior; Respondent: David Jones Limited
Jurisdiction
Australia
Judgment Date
15 August 2002
Procedural Posture
Race Discrimination and Victimisation (equal Opportunity) / Principal Hearing and Decision
Outcome
Partial success for the applicant; race discrimination on one ground substantiated; victimisation complaint dismissed.
Legal Topics
Race Discrimination in Employment, Victimisation, Procedure Under Anti Discrimination Act
Anti Discrimination Law Employment Law Race Discrimination in Employment Victimisation Procedure Under Anti Discrimination Act

Case Brief

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Parties

Emmett Joel Murphy Junior

Applicant

David Jones Limited

Respondent

Procedural Posture

Race Discrimination and Victimisation (equal Opportunity) / Principal Hearing and Decision

Legal Issues

  1. 1 Whether the applicant was discriminated against on the ground of race
  2. 2 Whether the applicant was victimised for alleging race discrimination

Ratio Decidendi

The applicant was discriminated against on grounds of race when a co-worker referred to him as 'boy', a term with racially derogatory connotations when used towards African Americans. No other allegations of discrimination or of victimisation were substantiated as there was insufficient evidence that treatment was on the ground of race or the making of a complaint.

Court Disposition

Partial success for the applicant; race discrimination on one ground substantiated; victimisation complaint dismissed.

Orders

  • The complaint of discrimination on the ground of race is substantiated as to one of the allegations made.
  • The complaint of victimisation is dismissed.