Tarjali-Diab v NSW Department of Commerce (No 2) [2005] NSWADT 288

Procedural Posture

Race Discrimination in Work / Principal Matter

Legal Issues

1. 1 ["Whether the work experience agreement or placement under the Migrant Career Development Program was discriminatory or void when compared with the Respondent's Graduate Program." 'Whether comments attributed to Gary Thompson involving the words "foreign", "problem" or "I scored a goal" were made on the ground of Mr Diab\'s race.' 'Whether Robert Siebert told Mr Diab that he could not find employment in Australia because of his ethnic background and told him to "fuck off" and "piss off".' 'Whether Mr Diab was excluded from a meeting with Ballina Shire Council because of his race.' 'Whether placing Mr Diab under the supervision of Mr Saul, described by Mr Diab as a carpenter, was less favourable treatment on the ground of race.' 'Whether the Respondent victimised Mr Diab within the meaning of section 50 of the Anti-Discrimination Act 1977.']

Ratio Decidendi

The complaints were dismissed because the Tribunal was not satisfied that any alleged treatment was less favourable treatment on the ground of race or that victimisation was established. The work experience placement under the MCDP was materially different from the Graduate Program; the Thompson comments were not made with regard to Mr Diab's race; the Siebert remarks were found not to have been made; the exclusion from the Ballina Shire Council meeting was explained by operational and cost grounds; the supervision arrangement reflected project management needs; and no relevant complaint was proved for the purposes of section 50 victimisation.

Court Disposition

The complaints are dismissed; no order as to costs.

Orders

• ['The Complaints are dismissed.' 'No Order as to Costs.']