Perera v Commissioner of Corrective Services [2007] NSWADT 115

Perera v Commissioner of Corrective Services [2007] NSWADT 115

The Tribunal found that Mr Perera was treated less favourably by being removed from the Central Control roster, with his accent being a causally operative factor in this decision, amounting to direct race discrimination. The evidence did not support findings of victimisation or further race discrimination regarding the subsequent strip search and television incidents.

Parties
Applicant: Rex Perera; Respondent: Commissioner of Corrective Services
Jurisdiction
Australia
Judgment Date
31 May 2007
Procedural Posture
Equal Opportunity Race Discrimination / Final Decision After Hearing
Outcome
Complaint of race discrimination regarding the 2 January 2004 roster change substantiated. Other complaints of victimisation and further race discrimination dismissed.
Legal Topics
Race Discrimination in Employment, Victimisation, Direct Discrimination, Compensation for Non Economic Loss
Anti Discrimination Law Employment Law Race Discrimination in Employment Victimisation Direct Discrimination Compensation for Non Economic Loss

Case Brief

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Parties

Rex Perera

Applicant

Commissioner of Corrective Services

Respondent

Procedural Posture

Equal Opportunity Race Discrimination / Final Decision After Hearing

Legal Issues

  1. 1 Whether the change of Mr Perera's roster on 2 January 2004 constituted race discrimination under the Anti-Discrimination Act 1977 (NSW)
  2. 2 Whether the strip search and television incidents on 4 April 2004 constituted race discrimination or victimisation under the Anti-Discrimination Act 1977 (NSW)
  3. 3 Powers of the Tribunal to amend complaints under s 103 of the Anti-Discrimination Act 1977

Ratio Decidendi

The Tribunal found that Mr Perera was treated less favourably by being removed from the Central Control roster, with his accent being a causally operative factor in this decision, amounting to direct race discrimination. The evidence did not support findings of victimisation or further race discrimination regarding the subsequent strip search and television incidents.

Court Disposition

Complaint of race discrimination regarding the 2 January 2004 roster change substantiated. Other complaints of victimisation and further race discrimination dismissed.

Orders

  • Application to amend the complaint to include victimisation granted.
  • Application to amend the complaint to include Respondent's failure to return Applicant to normal duties for 19 July-20 August 2005 refused.