MT v AA [2009] NSWADT 268

MT v AA [2009] NSWADT 268

Applicant failed to establish on the balance of probabilities that dismissal was on the ground of disability or constituted victimisation; evidence showed alternative, non-discriminatory reasons for dismissal; claims relating to disclosure and response to complaints not substantiated; claims against Second Respondent dismissed, consequently claims for vicarious liability and aiding and abetting dismissed.

Parties
Applicant: MT; First Respondent: AA; Second Respondent: BB; Third Respondent: CC
Jurisdiction
Australia
Judgment Date
15 October 2009
Procedural Posture
Equal Opportunity Anti Discrimination / Final Judgment
Outcome
Application dismissed
Legal Topics
Disability Discrimination, Victimisation, Vicarious Liability, Aiding and Abetting
Anti Discrimination Law Disability Discrimination Victimisation Vicarious Liability Aiding and Abetting

Case Brief

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Parties

MT

Applicant

AA

First Respondent

BB

Second Respondent

CC

Third Respondent

Procedural Posture

Equal Opportunity Anti Discrimination / Final Judgment

Legal Issues

  1. 1 Whether the applicant was dismissed on the ground of disability (HIV status) in contravention of Anti-Discrimination Act 1977 s 49D(2)(c)
  2. 2 Whether victimisation occurred contrary to Anti-Discrimination Act 1977 s 50
  3. 3 Whether disclosure of HIV status constituted discrimination and detriment under s 49D(2)(d)

Ratio Decidendi

Applicant failed to establish on the balance of probabilities that dismissal was on the ground of disability or constituted victimisation; evidence showed alternative, non-discriminatory reasons for dismissal; claims relating to disclosure and response to complaints not substantiated; claims against Second Respondent dismissed, consequently claims for vicarious liability and aiding and abetting dismissed.

Court Disposition

Application dismissed

Orders

  • The Applicant's claim is dismissed as against all three Respondents.
  • There will be no order for costs in these proceedings unless a party files and serves an application for costs, with supporting submissions, within 21 days. In such event, the opposing party or parties must file and serve submissions in response within a further 21 days. The question of costs will then be determined...