Bacirongo v ACL Pty Ltd [2011] NSWADT 12

Bacirongo v ACL Pty Ltd [2011] NSWADT 12

Although there was no direct evidence of race discrimination and ACL had provided explanations for a number of matters, the competing accounts and the applicant's allegations, including that he was not appointed to at least one position for which he applied, could only properly be assessed after hearing evidence. Because the applicant might be able to establish an inference that race was at least one factor contributing to his treatment, it was fair and just for the complaint to proceed.

Jurisdiction
Australia
Judgment Date
20 January 2011
Procedural Posture
Race Discrimination Complaint Under the Anti Discrimination Act 1977 / Application for Leave for a Declined Complaint to Proceed
Outcome
Leave granted for the applicant's complaint of race discrimination to proceed.
Legal Topics
['race Discrimination' 'direct Discrimination' 'terms and Conditions of Employment' 'access to Promotion or Training' 'leave to Proceed After Complaint Declined as Lacking in Substance']
['anti Discrimination Law' 'employment Law' 'administrative Law'] ['race Discrimination' 'direct Discrimination' 'terms and Conditions of Employment' 'access to Promotion or Training' 'leave to Proceed After Complaint Declined as Lacking in Substance']

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Procedural Posture

Race Discrimination Complaint Under the Anti Discrimination Act 1977 / Application for Leave for a Declined Complaint to Proceed

Legal Issues

  1. 1 ["Whether it was fair and just in all the circumstances to grant leave for the applicant's declined race discrimination complaint to proceed." "Whether the applicant's allegations could, after hearing evidence, support an inference that race was at least one reason for the treatment he received in employment."]

Ratio Decidendi

Although there was no direct evidence of race discrimination and ACL had provided explanations for a number of matters, the competing accounts and the applicant's allegations, including that he was not appointed to at least one position for which he applied, could only properly be assessed after hearing evidence. Because the applicant might be able to establish an inference that race was at least one factor contributing to his treatment, it was fair and just for the complaint to proceed.

Court Disposition

Leave granted for the applicant's complaint of race discrimination to proceed.

Orders

  • ["Leave is granted for the applicant's complaint of race discrimination to proceed." 'The matter is listed for case conference on 9 March 2011 at 11:45am.']