Seremetis v Mosman Municipal Council [2013] NSWADT 108

Seremetis v Mosman Municipal Council [2013] NSWADT 108

Even assuming the applicant had a prima facie case, the applicant would suffer no inconvenience or injury if the interim order were refused because reinstatement could be ordered if the complaint were later substantiated, whereas the Council would be seriously inconvenienced if it could not fill a supervisory role. The balance of convenience therefore favoured the Council.

Jurisdiction
Australia
Judgment Date
22 April 2013
Procedural Posture
Interlocutory Application for Interim Order Under S 105 of the Anti Discrimination Act 1977 / Before Determination of the Discrimination Complaint
Outcome
Application for interim order refused
Legal Topics
['interim Orders' 'prima Facie Case' 'balance of Convenience' "carer's Responsibilities Discrimination" 'disability Discrimination' 'victimisation' 'termination During Probation']
['anti Discrimination Law' 'administrative Law' 'employment Law'] ['interim Orders' 'prima Facie Case' 'balance of Convenience' "carer's Responsibilities Discrimination" 'disability Discrimination' 'victimisation' 'termination During Probation']

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Procedural Posture

Interlocutory Application for Interim Order Under S 105 of the Anti Discrimination Act 1977 / Before Determination of the Discrimination Complaint

Legal Issues

  1. 1 ["Whether an interim order should be made to prevent Mosman Municipal Council from advertising and filling the Manager of Ranger Services position before the applicant's complaint is determined." 'Whether the applicant had established a prima facie case for interim relief.' 'Whether the balance of convenience favoured granting or refusing the interim order.']

Ratio Decidendi

Even assuming the applicant had a prima facie case, the applicant would suffer no inconvenience or injury if the interim order were refused because reinstatement could be ordered if the complaint were later substantiated, whereas the Council would be seriously inconvenienced if it could not fill a supervisory role. The balance of convenience therefore favoured the Council.

Court Disposition

Application for interim order refused

Orders

  • ['The application for an interim order preventing the Council from filling the position of Manager of Ranger Services is refused.']