Dezfouli v Justice Health and Forensic Mental Health Network [2019] NSWCATAD 136

Leave for the complaints of sexual harassment and victimisation is refused because it is highly unlikely the applicant could substantiate the allegations or establish the objective elements required by the Anti-Discrimination Act 1977.

Jurisdiction: Australia
Judgment Date: 10 July 2019
Procedural Posture: Administrative and Equal Opportunity Division / Application for Leave to Proceed With Complaints
Outcome: Leave refused; publication prohibition order made
Legal Topics: ['sexual Harassment' 'victimisation' 'leave to Proceed' 'tribunal Procedures']

['anti Discrimination Law' 'administrative Law'] ['sexual Harassment' 'victimisation' 'leave to Proceed' 'tribunal Procedures']

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Procedural Posture

Administrative and Equal Opportunity Division / Application for Leave to Proceed With Complaints

Legal Issues

1 ['Whether leave should be granted for complaints of sexual harassment and victimisation to proceed' 'Whether the complaints are lacking in substance under the Anti-Discrimination Act 1977']

Ratio Decidendi

Court Disposition

Leave refused; publication prohibition order made

Orders

['Leave for the complaints of sexual harassment and victimisation to proceed is refused under s 96(1) of the Anti-Discrimination Act 1977.' 'Pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 disclosure of the name of the second respondent is prohibited']