Han v NSW Department of Health [2006] NSWADT 113

Han v NSW Department of Health [2006] NSWADT 113

Complaints concerning non-response to emails, non-payment of wages, shift allocation, amendment of recreation leave form, constructive dismissal, conduct of investigation, and victimisation are lacking in substance and dismissed; complaint of race discrimination on 3 April 2004 concerning monitoring and criticism of...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
19 April 2006
Procedural Posture
Complaint (equal Opportunity) / Preliminary Matter; Application for Summary Dismissal
Outcome
Partial dismissal; some complaints dismissed, one complaint to proceed
Legal Topics
['race Discrimination' 'disability Discrimination' 'victimisation' 'summary Dismissal']
['anti Discrimination' 'employment'] ['race Discrimination' 'disability Discrimination' 'victimisation' 'summary Dismissal']

Source-derived case record

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Procedural Posture

Complaint (equal Opportunity) / Preliminary Matter; Application for Summary Dismissal

Legal Issues

  1. 1 ["Whether the applicant's complaints disclose a contravention of the Anti-Discrimination Act 1977 (ADA)" 'Whether complaints are frivolous, vexatious, misconceived, or lacking in substance' 'Direct and indirect discrimination in employment on grounds of race and disability' 'Whether treatment constituted victimisation']

Ratio Decidendi

Complaints concerning non-response to emails, non-payment of wages, shift allocation, amendment of recreation leave form, constructive dismissal, conduct of investigation, and victimisation are lacking in substance and dismissed; complaint of race discrimination on 3 April 2004 concerning monitoring and criticism of Applicant's pronunciation is not lacking in substance and will proceed to a full hearing.

Court Disposition

Partial dismissal; some complaints dismissed, one complaint to proceed

Orders

  • ['Complaints on grounds of race and disability (non-response to emails, non-payment of wages, shift allocation, amendment of recreation leave form, constructive dismissal, conduct of investigation) dismissed under s 102 ADA.' 'Complaint of victimisation dismissed under s 102 ADA.' 'Complaint of race discrimination...