Gibbs v UnitingCare NSW.ACT [2010] NSWADT 273

Leave is refused as the alleged detriment did not occur within the permitted 12-month period for the complaint and thus the victimisation complaint cannot succeed.

Source-derived case information.

Parties: Applicant: Theresa Gibbs; Respondent: UnitingCare NSW.ACT
Jurisdiction: Australia
Judgment Date: 16 November 2010
Procedural Posture: Application for Leave to Proceed With Complaints / Decision on Leave
Outcome: leave refused for both complaints
Legal Topics: Victimisation, Disability Discrimination, Leave to Proceed, Merits of Complaint

Equal Opportunity Anti Discrimination Law Victimisation Disability Discrimination Leave to Proceed Merits of Complaint

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2

Parties

Theresa Gibbs

Applicant

UnitingCare NSW.ACT

Respondent

Procedural Posture

Application for Leave to Proceed With Complaints / Decision on Leave

Legal Issues

1 Whether leave should be granted for complaints of disability discrimination and victimisation to proceed after being declined by the President of the Anti-Discrimination Board

Ratio Decidendi

Leave is refused as the alleged detriment did not occur within the permitted 12-month period for the complaint and thus the victimisation complaint cannot succeed.

Court Disposition

leave refused for both complaints

Orders

Leave for the applicant's complaints of disability discrimination to proceed is refused
Leave for the applicant's complaint of victimisation to proceed is refused

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