Radvili v Ranstad Australia Pty Ltd [2016] NSWCATAD 58

Radvili v Ranstad Australia Pty Ltd [2016] NSWCATAD 58

Leave was refused because the complaints lacked substance: Ranstad's alleged failure to investigate did not constitute causing, instructing, inducing, aiding or permitting discrimination under s 52; the Applicant was neither an applicant to nor an employee of FACS for the purposes of s 8; and the evidence showed that performance concerns and failure to follow directions to speak English, rather than race, were the real reasons for termination of the placement.

Jurisdiction
Australia
Judgment Date
30 March 2016
Procedural Posture
Race Discrimination Complaint Under the Anti Discrimination Act 1977 / Application for Leave Under S 96 After the President of the Anti Discrimination Board Declined the Complaint as Lacking in Substance
Outcome
Leave refused
Legal Topics
['race Discrimination' 'leave to Proceed After Declined Complaint' 'employment Placement Termination' 'aiding and Abetting Discrimination']
['anti Discrimination Law' 'employment Law' 'administrative Law'] ['race Discrimination' 'leave to Proceed After Declined Complaint' 'employment Placement Termination' 'aiding and Abetting Discrimination']

Case Brief

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Procedural Posture

Race Discrimination Complaint Under the Anti Discrimination Act 1977 / Application for Leave Under S 96 After the President of the Anti Discrimination Board Declined the Complaint as Lacking in Substance

Legal Issues

  1. 1 ['Whether it was fair and just to grant leave under s 96 of the Anti-Discrimination Act 1977 for the race discrimination complaint to proceed' 'Whether the complaint against Ranstad Australia Pty Ltd for race discrimination in employment and aiding and abetting lacked substance' 'Whether the complaint against the Department of Family and Community Services (Housing NSW) for race discrimination in employment lacked substance' 'Whether directions requiring the Applicant to speak English to clients and the termination of his placement were because of race']

Ratio Decidendi

Leave was refused because the complaints lacked substance: Ranstad's alleged failure to investigate did not constitute causing, instructing, inducing, aiding or permitting discrimination under s 52; the Applicant was neither an applicant to nor an employee of FACS for the purposes of s 8; and the evidence showed that performance concerns and failure to follow directions to speak English, rather than race, were the real reasons for termination of the placement.

Court Disposition

Leave refused

Orders

  • ['The Tribunal refuses leave for the Applicant to proceed with the complaint of race discrimination in employment and aiding and abetting against the First Respondent.' 'The Tribunal refuses leave for the Applicant to proceed with his complaint against both Respondents.']