Walsh v Amobee ANZ Pty Ltd [2022] NSWCATAD 257

Walsh v Amobee ANZ Pty Ltd [2022] NSWCATAD 257

The requirement imposed by the Respondent for strict compliance with the Conflict Policy, given the applicant's inability to comply due to the risk of exacerbating Ms A's mental health disability, was unreasonable and amounted to substance in the complaint. The Tribunal exercised its discretion to grant leave for the complaint to proceed.

Jurisdiction
Australia
Judgment Date
03 August 2022
Procedural Posture
Application for Leave to Proceed With Discrimination Complaint / Leave to Proceed Hearing
Outcome
Leave granted for complaint to proceed.
Legal Topics
['disability Discrimination' 'indirect Discrimination' 'employment' 'equal Opportunity' 'associate Discrimination']
['human Rights Law' 'employment Law' 'anti Discrimination Law'] ['disability Discrimination' 'indirect Discrimination' 'employment' 'equal Opportunity' 'associate Discrimination']

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Procedural Posture

Application for Leave to Proceed With Discrimination Complaint / Leave to Proceed Hearing

Legal Issues

  1. 1 ['Whether the complaint of disability discrimination by association is lacking in substance under s 92(1)(a)(i) of the Anti-Discrimination Act 1977' 'Whether leave should be granted for the complaint to proceed under s 96(1) of the Anti-Discrimination Act 1977' 'Whether the requirement to disclose a relationship under the Conflict Policy constitutes indirect discrimination' 'Whether the requirement was reasonable in the circumstances']

Ratio Decidendi

The requirement imposed by the Respondent for strict compliance with the Conflict Policy, given the applicant's inability to comply due to the risk of exacerbating Ms A's mental health disability, was unreasonable and amounted to substance in the complaint. The Tribunal exercised its discretion to grant leave for the complaint to proceed.

Court Disposition

Leave granted for complaint to proceed.

Orders

  • ["Leave is granted pursuant to s 96(1) of the Anti-Discrimination Act 1977 for the Applicant's complaint to proceed."]