Lewdanski v Healthscope Limited [2010] NSWADT 287

Lewdanski v Healthscope Limited [2010] NSWADT 287

Leave to proceed is refused for the complaint relating to termination, as the evidence does not support any inference that race was even one of the reasons for termination, following medical advice and WorkCover claim. Leave is granted for the complaint relating to terms and conditions, as there is sufficient substance and possible inference of differential treatment on grounds of race to make it fair and just for this aspect to proceed.

Jurisdiction
Australia
Judgment Date
02 December 2010
Procedural Posture
Leave Application Under Anti Discrimination Act 1977 / Application for Leave to Proceed After Complaint Declined
Outcome
Leave refused for complaint regarding termination; leave granted for complaint regarding terms and conditions or detriment; matter listed for conference.
Legal Topics
['race Discrimination' 'direct Discrimination' 'employment Termination' 'terms and Conditions of Employment']
['anti Discrimination Law' 'employment Law'] ['race Discrimination' 'direct Discrimination' 'employment Termination' 'terms and Conditions of Employment']

Case Brief

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Procedural Posture

Leave Application Under Anti Discrimination Act 1977 / Application for Leave to Proceed After Complaint Declined

Legal Issues

  1. 1 ['Whether leave should be granted for a race discrimination complaint to proceed where the Anti-Discrimination Board declined the complaint as lacking in substance' 'Whether the applicant was discriminated against by termination of employment on the ground of race' 'Whether the applicant was discriminated against in relation to terms and conditions of employment or by being subjected to a detriment']

Ratio Decidendi

Leave to proceed is refused for the complaint relating to termination, as the evidence does not support any inference that race was even one of the reasons for termination, following medical advice and WorkCover claim. Leave is granted for the complaint relating to terms and conditions, as there is sufficient substance and possible inference of differential treatment on grounds of race to make it fair and just for this aspect to proceed.

Court Disposition

Leave refused for complaint regarding termination; leave granted for complaint regarding terms and conditions or detriment; matter listed for conference.

Orders

  • ["Leave is refused for the applicant's complaint alleging discrimination on the ground of race by terminating her employment." "Leave is granted for the applicant's complaint alleging discrimination in relation to terms and conditions of employment or by subjecting her to a detriment." 'The matter is listed for case...