Roseman -v- United Bonded Fabrics Pty Ltd [1999] NSWADT 129

The Deed of Release was not intended by either party to bar the Anti-Discrimination Board from investigating the complaint or to preclude non-monetary remedies; it only intended to waive claims for damages. Therefore, the complaint should not be dismissed and should proceed for investigation by the Board.

Jurisdiction: Australia
Judgment Date: 10 December 1999
Procedural Posture: Disability Discrimination Employment / Application to Have Complaint Dismissed Under S111 Interlocutory Determination
Outcome: Application to dismiss refused; complaint referred back for Board investigation.
Legal Topics: ['disability Discrimination' 'employment Termination' 'accord and Satisfaction' 'deed of Release' 'jurisdiction of Tribunal']

['anti Discrimination Law' 'employment Law'] ['disability Discrimination' 'employment Termination' 'accord and Satisfaction' 'deed of Release' 'jurisdiction of Tribunal']

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Procedural Posture

Disability Discrimination Employment / Application to Have Complaint Dismissed Under S111 Interlocutory Determination

Legal Issues

1 ['Whether the Deed of Release bars further investigation of the applicant’s anti-discrimination complaint' 'Whether the Tribunal should dismiss the complaint pursuant to section 111 of the Anti-Discrimination Act 1977']

Ratio Decidendi

Court Disposition

Application to dismiss refused; complaint referred back for Board investigation.

Orders

['Application refused.' 'Matter referred to Anti-Discrimination Board for investigation.']