Adjapawn v University of New England [2008] NSWADT 209

Adjapawn v University of New England [2008] NSWADT 209

The Tribunal found that although the applicant was denied procedural fairness and breaches of confidentiality occurred in the process of his dismissal and eviction, there was no evidence—direct or circumstantial—that these actions were taken on the ground of his race. The only direct evidence, the alleged racial comment, was not accepted by the Tribunal. Therefore, the applicant's complaint of race discrimination failed as there was no probable causal link between the applicant’s race and the unfavourable treatment he received.

Jurisdiction
Australia
Judgment Date
30 July 2008
Procedural Posture
Equal Opportunity / Principal Matter – Decision After Hearing
Outcome
Complaint dismissed
Legal Topics
['race Discrimination' 'procedural Fairness' 'sexual Harassment Allegations' 'university Accommodation' 'confidentiality in Investigations']
['anti Discrimination Law' 'employment Law'] ['race Discrimination' 'procedural Fairness' 'sexual Harassment Allegations' 'university Accommodation' 'confidentiality in Investigations']

Case Brief

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Procedural Posture

Equal Opportunity / Principal Matter – Decision After Hearing

Legal Issues

  1. 1 ['Whether the applicant was subject to less favourable treatment on the ground of race under the Anti-Discrimination Act 1977' "Whether the dismissal and eviction were discriminatory acts perpetrated because of the applicant's race" 'Whether breaches of university procedure and procedural fairness constituted evidence of racial discrimination']

Ratio Decidendi

The Tribunal found that although the applicant was denied procedural fairness and breaches of confidentiality occurred in the process of his dismissal and eviction, there was no evidence—direct or circumstantial—that these actions were taken on the ground of his race. The only direct evidence, the alleged racial comment, was not accepted by the Tribunal. Therefore, the applicant's complaint of race discrimination failed as there was no probable causal link between the applicant’s race and the unfavourable treatment he received.

Court Disposition

Complaint dismissed

Orders

  • ['That the complaint be dismissed.']