Vuong v Casabake Pty Ltd [2009] NSWADT 279

Parties

Procedural Posture

Complaint (equal Opportunity) / Final Hearing and Decision

Legal Issues

1. 1 Whether Casabake Pty Ltd, through its agent Mr Ngozi, directly discriminated against Mr Vuong on the ground of his race in his employment.
2. 2 Whether Mr Vuong was victimised for making a complaint to the Anti-Discrimination Board under the Anti-Discrimination Act 1977 (NSW).

Ratio Decidendi

Casabake Pty Ltd, through its agent Mr Ngozi, directly discriminated against Mr Vuong on the ground of his race by prohibiting him from speaking Vietnamese at work and requiring him to leave if he did, amounting to differential treatment in employment. Casabake further victimised Mr Vuong by reducing his wages and giving him no option to remain employed, as a direct result of his complaint to the Anti-Discrimination Board. Both race discrimination and victimisation were substantiated under the Anti-Discrimination Act 1977 (NSW).

Court Disposition

Both complaints substantiated. Orders made for payment to applicant for economic loss and general damages.

Orders

• The Tribunal orders Casabake Pty Ltd to pay to Mr Vuong $16,406 for economic loss for victimisation within 28 days of the date of this decision.
• The Tribunal orders Casabake Pty Ltd to pay to Mr Vuong $12,000 as general damages for racial discrimination within 28 days of this decision.