Leibeck v Toll Transport Pty Ltd [2012] NSWADT 19

Leibeck v Toll Transport Pty Ltd [2012] NSWADT 19

The Tribunal found that the evidence did not establish that discriminatory comments were made by the individuals alleged, or that those comments, if made, amounted to less favourable treatment or detriment to the applicant on grounds of race or disability. Allocation of less work or suspension from sites was a result of the applicant’s own threatening behaviour and not as a result of his complaints. The complaints of race and disability discrimination, as well as victimisation, were dismissed.

Parties
Applicant: Ronnie Leibeck; Respondent: Toll Transport Pty Limited
Jurisdiction
Australia
Judgment Date
10 February 2012
Procedural Posture
Equal Opportunity/race and Disability Discrimination Complaint / Decision on Merits
Outcome
Complaints dismissed
Legal Topics
Race Discrimination, Disability Discrimination, Victimisation
Anti Discrimination Law Employment Law Race Discrimination Disability Discrimination Victimisation

Case Brief

Summary, issues, holding and outcome

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Parties

Ronnie Leibeck

Applicant

Toll Transport Pty Limited

Respondent

Procedural Posture

Equal Opportunity/race and Disability Discrimination Complaint / Decision on Merits

Legal Issues

  1. 1 Whether the applicant was discriminated against on the basis of race under the Anti-Discrimination Act 1977
  2. 2 Whether the applicant was discriminated against on the basis of disability under the Anti-Discrimination Act 1977
  3. 3 Whether the applicant was victimised for making complaints under the Anti-Discrimination Act 1977

Ratio Decidendi

The Tribunal found that the evidence did not establish that discriminatory comments were made by the individuals alleged, or that those comments, if made, amounted to less favourable treatment or detriment to the applicant on grounds of race or disability. Allocation of less work or suspension from sites was a result of the applicant’s own threatening behaviour and not as a result of his complaints. The complaints of race and disability discrimination, as well as victimisation, were dismissed.

Court Disposition

Complaints dismissed

Orders

  • The applicant's allegations of race and disability discrimination are dismissed.
  • The applicant's claims of victimisation are dismissed.