Joy v UGL Operations and Maintenance Pty Limited [2021] FCA 1282

Joy v UGL Operations and Maintenance Pty Limited [2021] FCA 1282

The 2013 redundancy claim was not summarily dismissed because Mr Joy's allegation that, because he was not Caucasian, he alone was made redundant during an R&R break without being paid was a claim UGL could answer and was not shown to be incapable of falling within s 9(1) of the Racial Discrimination Act 1975 (Cth). However, no claim under s 9(1A) was set up because no term, condition or requirement was alleged. The alleged Montgomery Conduct and Waddell Conduct did not fall within s 15(1)(b) and were summarily dismissed. The alleged Radich Conduct had no relevant link to the alleged breaches and was dismissed. Allegations about performance reviews were inadequately pleaded because the...

Jurisdiction
Australia
Judgment Date
21 October 2021
Procedural Posture
Human Rights Proceeding Alleging Racial Discrimination in Employment Under the Racial Discrimination Act 1975 (cth) / Respondent's Application for Summary Dismissal and Strike Out of Parts of the Amended Statement of Claim
Outcome
Application allowed in part; amended statement of claim struck out in part and causes of action dismissed in part, with limited liberty to plead a fresh further amended statement of claim within 30 days; costs in the cause.
Legal Topics
['racial Discrimination' 'summary Dismissal' 'strike Out of Pleadings' 'no Reasonable Cause of Action' 'scandalous, Evasive or Ambiguous Pleadings']
['human Rights' 'employment' 'civil Procedure'] ['racial Discrimination' 'summary Dismissal' 'strike Out of Pleadings' 'no Reasonable Cause of Action' 'scandalous, Evasive or Ambiguous Pleadings']

Case Brief

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Procedural Posture

Human Rights Proceeding Alleging Racial Discrimination in Employment Under the Racial Discrimination Act 1975 (cth) / Respondent's Application for Summary Dismissal and Strike Out of Parts of the Amended Statement of Claim

Legal Issues

  1. 1 ['Whether the 2013 redundancy claim had no reasonable prospect of success or disclosed no reasonable cause of action under the Racial Discrimination Act 1975 (Cth).' 'Whether allegations concerning 2013 and 2019 performance reviews, and alleged conduct by supervisors, could found claims under ss 9, 15 or 18A of the Racial Discrimination Act 1975 (Cth).' 'Whether parts of the amended statement of claim should be struck out as scandalous, evasive, ambiguous, embarrassing or otherwise defective.' 'Whether leave to re-plead should be granted for any dismissed or struck out allegations.']

Ratio Decidendi

The 2013 redundancy claim was not summarily dismissed because Mr Joy's allegation that, because he was not Caucasian, he alone was made redundant during an R&R break without being paid was a claim UGL could answer and was not shown to be incapable of falling within s 9(1) of the Racial Discrimination Act 1975 (Cth). However, no claim under s 9(1A) was set up because no term, condition or requirement was alleged. The alleged Montgomery Conduct and Waddell Conduct did not fall within s 15(1)(b) and were summarily dismissed. The alleged Radich Conduct had no relevant link to the alleged breaches and was dismissed. Allegations about performance reviews were inadequately pleaded because the...

Court Disposition

Application allowed in part; amended statement of claim struck out in part and causes of action dismissed in part, with limited liberty to plead a fresh further amended statement of claim within 30 days; costs in the cause.

Orders

  • ['The amended statement of claim be struck out in part and the causes of action dismissed in part.' 'There be liberty to plead within 30 days a fresh further amended statement of claim provided that it conforms with the reasons for this judgment.' 'Costs of this application be in the cause.']