Coomaraswamy v NSW Department of Education [2016] NSWCATAD 40

Coomaraswamy v NSW Department of Education [2016] NSWCATAD 40

There is overwhelming evidence that the applicant's sub-standard performance and lack of insight were the real reasons for the termination of his placement and being assessed as 'unsatisfactory', and there is no evidentiary basis to infer that race, age, or disability were factors. In these circumstances, it is not fair or just to grant leave to proceed with the discrimination complaint.

Jurisdiction
Australia
Judgment Date
01 March 2016
Procedural Posture
Administrative and Equal Opportunity Tribunal Application / Application for Leave to Proceed With Declined Discrimination Complaint
Outcome
Leave to proceed with the discrimination complaint is refused.
Legal Topics
['race Discrimination' 'age Discrimination' 'disability Discrimination' 'provision of Services' 'leave Application' 'causation Under Discrimination Law']
['anti Discrimination Law' 'administrative Law' 'education Law'] ['race Discrimination' 'age Discrimination' 'disability Discrimination' 'provision of Services' 'leave Application' 'causation Under Discrimination Law']

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Procedural Posture

Administrative and Equal Opportunity Tribunal Application / Application for Leave to Proceed With Declined Discrimination Complaint

Legal Issues

  1. 1 ["Whether the applicant was discriminated against on the ground of race, age or disability by the Department of Education in the termination of a student practicum and assessment as 'unsatisfactory'" 'Whether the Department was providing the applicant with a service on particular terms under the Anti-Discrimination Act 1977 (NSW)' "Whether there is sufficient evidence to infer causation linking race, age, or disability to the Department's adverse actions" 'Principles for granting leave under s 96 of the Anti-Discrimination Act 1977 (NSW)']

Ratio Decidendi

There is overwhelming evidence that the applicant's sub-standard performance and lack of insight were the real reasons for the termination of his placement and being assessed as 'unsatisfactory', and there is no evidentiary basis to infer that race, age, or disability were factors. In these circumstances, it is not fair or just to grant leave to proceed with the discrimination complaint.

Court Disposition

Leave to proceed with the discrimination complaint is refused.

Orders

  • ["Leave is refused for the applicant's complaint of race, disability and age discrimination to proceed."]