Ary v Director General, NSW Health [2013] NSWADT 30

Ary v Director General, NSW Health [2013] NSWADT 30

The complaint was refused leave to proceed because none of the applicant's allegations concerning corruption, workplace treatment, poisoning, hospital treatment or other requested investigations was connected by evidence to her Kurdish ethnic origin or Iranian national origin. Without evidence that race was at least one real, genuine or true reason for the alleged treatment, the complaint was misconceived and lacking in substance.

Jurisdiction
Australia
Judgment Date
06 February 2013
Procedural Posture
Race Discrimination in Employment Complaint Under the Anti Discrimination Act 1977 / Application for Leave for the Complaint to Proceed
Outcome
The application for leave for the complaint to proceed was refused.
Legal Topics
['race Discrimination' 'direct Discrimination' 'employment Detriment' 'leave to Proceed' 'complaint Lacking in Substance']
['anti Discrimination Law' 'employment Law' 'administrative Law'] ['race Discrimination' 'direct Discrimination' 'employment Detriment' 'leave to Proceed' 'complaint Lacking in Substance']

Case Brief

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Procedural Posture

Race Discrimination in Employment Complaint Under the Anti Discrimination Act 1977 / Application for Leave for the Complaint to Proceed

Legal Issues

  1. 1 ["Whether the applicant's allegations of workplace corruption, bullying, harassment, poisoning and related treatment had any connection with her race." 'Whether the complaint of direct race discrimination in employment had sufficient substance to be permitted to proceed.' 'Whether the Tribunal had power to investigate matters such as alleged corruption, poisoned food or missing medical test results where they were not relevant to an issue under the Anti-Discrimination Act 1977.']

Ratio Decidendi

The complaint was refused leave to proceed because none of the applicant's allegations concerning corruption, workplace treatment, poisoning, hospital treatment or other requested investigations was connected by evidence to her Kurdish ethnic origin or Iranian national origin. Without evidence that race was at least one real, genuine or true reason for the alleged treatment, the complaint was misconceived and lacking in substance.

Court Disposition

The application for leave for the complaint to proceed was refused.

Orders

  • ['The application for leave for the complaint to proceed is refused.']