Petek v TAFE NSW [2022] NSWCATAD 105

Petek v TAFE NSW [2022] NSWCATAD 105

Leave to proceed is refused as the applicant has not demonstrated a disability under the Act and there is no prima facie evidence of discrimination; the complaint is lacking in substance and exceptions under the Act apply.

Parties
Applicant: Stephen Petek; Respondent: TAFE NSW
Jurisdiction
Australia
Judgment Date
25 March 2022
Procedural Posture
Complaint Under Anti Discrimination Act 1977 (nsw) / Leave to Proceed
Outcome
Leave to proceed refused
Legal Topics
Disability Discrimination, Employment, COVID 19 Vaccination Policy, Leave to Proceed
Administrative Law Anti Discrimination Law Disability Discrimination Employment COVID 19 Vaccination Policy Leave to Proceed

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Parties

Stephen Petek

Applicant

TAFE NSW

Respondent

Procedural Posture

Complaint Under Anti Discrimination Act 1977 (nsw) / Leave to Proceed

Legal Issues

  1. 1 Whether the applicant has a disability as defined by s 4 of the Anti-Discrimination Act 1977 (NSW)
  2. 2 Whether the vaccination policy constitutes discrimination on the basis of disability in employment
  3. 3 Whether leave should be granted for the complaint to proceed

Ratio Decidendi

Leave to proceed is refused as the applicant has not demonstrated a disability under the Act and there is no prima facie evidence of discrimination; the complaint is lacking in substance and exceptions under the Act apply.

Court Disposition

Leave to proceed refused

Orders

  • Leave for the complaint against TAFE NSW to proceed is refused.