Mihnyak v Woolworths Limited [2012] NSWADT 219

Mihnyak v Woolworths Limited [2012] NSWADT 219

The Tribunal does not have power to amend the complaint to include allegations from a period of time that was declined by the President under s.89B(2)(b) of the Anti-Discrimination Act, as such decision is not reviewable by the Tribunal. Even if discretion existed, the application would not be granted due to delay, public interest in finality, and the applicant's previous opportunity to pursue the matter federally.

Parties
Applicant: George Mihnyak; Respondent: Woolworths Limited
Jurisdiction
Australia
Judgment Date
29 October 2012
Procedural Posture
Interlocutory Application / Application to Amend Complaint; Determination of Period of Time of Complaint Referred
Outcome
Application to amend complaint dismissed. Period of complaint determined.
Legal Topics
Age Discrimination, Interlocutory Applications, Amendment of Complaint, Time Limits for Discrimination Complaints
Anti Discrimination Law Administrative Law Age Discrimination Interlocutory Applications Amendment of Complaint Time Limits for Discrimination Complaints

Case Brief

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Parties

George Mihnyak

Applicant

Woolworths Limited

Respondent

Procedural Posture

Interlocutory Application / Application to Amend Complaint; Determination of Period of Time of Complaint Referred

Legal Issues

  1. 1 Whether the complaint period referred to the Tribunal can be amended to include alleged acts prior to the 12 month statutory period
  2. 2 Whether leave should be granted to amend the complaint outside the permitted period

Ratio Decidendi

The Tribunal does not have power to amend the complaint to include allegations from a period of time that was declined by the President under s.89B(2)(b) of the Anti-Discrimination Act, as such decision is not reviewable by the Tribunal. Even if discretion existed, the application would not be granted due to delay, public interest in finality, and the applicant's previous opportunity to pursue the matter federally.

Court Disposition

Application to amend complaint dismissed. Period of complaint determined.

Orders

  • Application to amend complaint is dismissed.
  • The matter is listed for case conference on 7 November 2012 at 11.30am.