Samar v Sydney South West Area Health Service [2007] NSWADT 109

Samar v Sydney South West Area Health Service [2007] NSWADT 109

Leave is refused because the applicant was treated in the same way as others would be in the same circumstances, there is insufficient evidence that the treatment was on the ground of disability, and any detriment suffered by the applicant was minimal, so there would be no substantial injustice in declining leave.

Parties
Applicant: Raul Samar; Respondent: Sydney South West Area Health Service
Jurisdiction
Australia
Judgment Date
15 May 2007
Procedural Posture
Application for Leave to Proceed (discrimination) / Leave to Proceed (preliminary)
Outcome
Leave refused
Legal Topics
Disability Discrimination, Application for Leave to Proceed, Proof of Less Favourable Treatment, Employment Policies, Occupational Health and Safety
Anti Discrimination Law Employment Law Disability Discrimination Application for Leave to Proceed Proof of Less Favourable Treatment Employment Policies Occupational Health and Safety

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Parties

Raul Samar

Applicant

Sydney South West Area Health Service

Respondent

Procedural Posture

Application for Leave to Proceed (discrimination) / Leave to Proceed (preliminary)

Legal Issues

  1. 1 Whether leave should be granted to proceed with a disability discrimination complaint after the complaint was declined as lacking in substance
  2. 2 Whether the applicant was treated less favourably on the ground of disability contrary to the Anti-Discrimination Act 1977

Ratio Decidendi

Leave is refused because the applicant was treated in the same way as others would be in the same circumstances, there is insufficient evidence that the treatment was on the ground of disability, and any detriment suffered by the applicant was minimal, so there would be no substantial injustice in declining leave.

Court Disposition

Leave refused

Orders

  • Leave is refused