Cvetkovski -v- Cleary Bros (Bombo) Pty Ltd [1999] NSWADT 34

Cvetkovski -v- Cleary Bros (Bombo) Pty Ltd [1999] NSWADT 34

Management condoned an abusive workplace environment, resulting in unlawful discrimination on the ground of race, race of an associate, and imputed disability, alongside victimisation, thus entitling the applicant to compensation under the Act. Respondent is vicariously liable for the discriminatory acts of its employees.

Parties
Applicant: Lou Cvetkovski; Respondent: Cleary Bros (Bombo) Pty Ltd
Jurisdiction
Australia
Judgment Date
26 May 1999
Procedural Posture
Equal Opportunity Principal Matter / Decision at Tribunal Level (later Set Aside by Appeal)
Outcome
Complaints substantiated; compensation awarded (decision later set aside by appeal)
Legal Topics
Racial Discrimination, Disability Discrimination, Victimisation, Vicarious Liability, Compensation, Terms and Conditions of Employment
Employment Law Anti Discrimination Law Racial Discrimination Disability Discrimination Victimisation Vicarious Liability Compensation Terms and Conditions of Employment

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Parties

Lou Cvetkovski

Applicant

Cleary Bros (Bombo) Pty Ltd

Respondent

Procedural Posture

Equal Opportunity Principal Matter / Decision at Tribunal Level (later Set Aside by Appeal)

Legal Issues

  1. 1 Whether the applicant was subjected to unlawful discrimination on the ground of race and the race of an associate
  2. 2 Whether the applicant was subjected to unlawful discrimination on the ground of imputed disability
  3. 3 Whether the applicant was victimised by the respondent

Ratio Decidendi

Management condoned an abusive workplace environment, resulting in unlawful discrimination on the ground of race, race of an associate, and imputed disability, alongside victimisation, thus entitling the applicant to compensation under the Act. Respondent is vicariously liable for the discriminatory acts of its employees.

Court Disposition

Complaints substantiated; compensation awarded (decision later set aside by appeal)

Orders

  • Complaints of unlawful race discrimination (including race of associate), disability discrimination and victimisation substantiated.
  • Respondent liable pursuant to Section 53(1) of the Act.