Heaton v Navitas Professional Institute Pty Ltd t/as Australian College of Applied Psychology [2020] NSWCATAD 260

Heaton v Navitas Professional Institute Pty Ltd t/as Australian College of Applied Psychology [2020] NSWCATAD 260

The Tribunal refused leave because Ms Heaton did not provide sufficient information or evidence to establish disability discrimination or victimisation, the College had taken steps to resolve her complaints, and given the circumstances, it is not fair and just to allow the complaints to proceed as they are unlikely to succeed.

Jurisdiction
Australia
Judgment Date
23 October 2020
Procedural Posture
Application for Leave to Proceed With Discrimination and Victimisation Complaints / Leave Application Before Tribunal
Outcome
Leave to proceed with the complaints of disability discrimination and victimisation is refused.
Legal Topics
['disability Discrimination' 'victimisation' 'discrimination in Education' 'tribunal Procedure']
['human Rights' 'administrative Law' 'equal Opportunity'] ['disability Discrimination' 'victimisation' 'discrimination in Education' 'tribunal Procedure']

Case Brief

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Procedural Posture

Application for Leave to Proceed With Discrimination and Victimisation Complaints / Leave Application Before Tribunal

Legal Issues

  1. 1 ['Whether the applicant was discriminated against on the ground of disability in education' 'Whether the applicant was victimised by the College and Ms Paton' 'Whether it is fair and just to grant leave to proceed with the complaints']

Ratio Decidendi

The Tribunal refused leave because Ms Heaton did not provide sufficient information or evidence to establish disability discrimination or victimisation, the College had taken steps to resolve her complaints, and given the circumstances, it is not fair and just to allow the complaints to proceed as they are unlikely to succeed.

Court Disposition

Leave to proceed with the complaints of disability discrimination and victimisation is refused.

Orders

  • ['Leave to proceed with the complaints of disability discrimination and victimisation is refused.']