Deva v University of Western Sydney [2009] NSWCA 389

Deva v University of Western Sydney [2009] NSWCA 389

The applicant had made an AIRC application under s 170CE(1)(a) of the Workplace Relations Act 1996 (Cth) alleging that the termination of his employment was harsh, unjust or unreasonable. His later complaint under the Anti-Discrimination Act 1977 (NSW) sought a remedy in respect of the same termination and alleged...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
02 December 2009
Procedural Posture
Application for Leave to Appeal From Dismissal of Summons Seeking Judicial Review of Administrative Decisions Tribunal Decision Refusing Leave to Proceed With an Anti Discrimination Act Complaint / New South Wales Court of Appeal; Application for Leave to Appeal Heard Concurrently With the Argument That Would Be Presented on Appeal
Outcome
Application for leave to appeal dismissed with costs.
Legal Topics
['unfair Dismissal' 'unlawful Dismissal' 'racial Discrimination' 'statutory Bar to Dual Proceedings' 'judicial Review' 'leave to Appeal' 'section 170 HB of the Workplace Relations Act 1996 (cth)']
['statutory Interpretation' 'employment Law' 'anti Discrimination Law' 'administrative Law' 'appellate Procedure'] ['unfair Dismissal' 'unlawful Dismissal' 'racial Discrimination' 'statutory Bar to Dual Proceedings' 'judicial Review' 'leave to Appeal' 'section 170 HB of the Workplace Relations Act 1996 (cth)']

Source-derived case record

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Procedural Posture

Application for Leave to Appeal From Dismissal of Summons Seeking Judicial Review of Administrative Decisions Tribunal Decision Refusing Leave to Proceed With an Anti Discrimination Act Complaint / New South Wales Court of Appeal; Application for Leave to Appeal Heard Concurrently With the Argument That Would Be Presented on Appeal

Legal Issues

  1. 1 ['Whether s 170HB(4) of the Workplace Relations Act 1996 (Cth) barred the applicant from taking proceedings under the Anti-Discrimination Act 1977 (NSW) alleging unlawful dismissal by reason of race after his unsuccessful AIRC unfair dismissal application concerning the same termination.' 'Whether the primary judge reversed or failed to take into account the earlier Court of Appeal ruling in Deva v University of Western Sydney [2008] NSWCA 137.' 'Whether any error was demonstrated warranting leave to appeal.']

Ratio Decidendi

The applicant had made an AIRC application under s 170CE(1)(a) of the Workplace Relations Act 1996 (Cth) alleging that the termination of his employment was harsh, unjust or unreasonable. His later complaint under the Anti-Discrimination Act 1977 (NSW) sought a remedy in respect of the same termination and alleged that the termination was unlawful by reason of race. Had that State law complaint been brought first, s 170HB(1) would have prevented the AIRC application; therefore s 170HB(4) barred the later Anti-Discrimination Act proceedings. The primary judge did not reverse Deva v University of Western Sydney [2008] NSWCA 137 but applied its characterisation of the complaint as one of...

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • ['Application for leave to appeal dismissed with costs.']