Masters v Rail Corporation New South Wales [2007] NSWADT 45

Masters v Rail Corporation New South Wales [2007] NSWADT 45

There is a real issue to be tried regarding whether disciplinary investigations constituted unlawful victimisation under s 50 of the Anti-Discrimination Act 1977, and the balance of convenience favours preserving the applicant's position pending determination of his complaint. An interim order is warranted to ensure disciplinary action is not taken before complaint resolution.

Parties
Applicant: Rod Masters; First Respondent: Rail Corporation New South Wales; Second Respondent: Ian Hill
Jurisdiction
Australia
Judgment Date
27 February 2007
Procedural Posture
Anti Discrimination Interim Order Application / Interim Order Decision
Outcome
interim order granted
Legal Topics
Victimisation, Interim Relief, Disciplinary Proceedings
Anti Discrimination Law Employment Law Victimisation Interim Relief Disciplinary Proceedings

Case Brief

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Parties

Rod Masters

Applicant

Rail Corporation New South Wales

First Respondent

Ian Hill

Second Respondent

Procedural Posture

Anti Discrimination Interim Order Application / Interim Order Decision

Legal Issues

  1. 1 whether RailCorp's conduct towards Mr Masters constituted victimisation under s 50 of the Anti-Discrimination Act 1977
  2. 2 whether an interim order should be granted to preserve the status quo regarding disciplinary action

Ratio Decidendi

There is a real issue to be tried regarding whether disciplinary investigations constituted unlawful victimisation under s 50 of the Anti-Discrimination Act 1977, and the balance of convenience favours preserving the applicant's position pending determination of his complaint. An interim order is warranted to ensure disciplinary action is not taken before complaint resolution.

Court Disposition

interim order granted

Orders

  • Ian Hill, General Manager, Train Crewing, take no disciplinary action against the applicant arising from disciplinary investigations commenced on 28 September 2006, 8 November 2006 and 15 November 2006 pending final determination of the matters the subject of the complaint in Anti-Discrimination Board reference...