Zareski v Hannanprint Pty Ltd [2011] NSWADT 283

Zareski v Hannanprint Pty Ltd [2011] NSWADT 283

The discrimination complaints failed because the Applicant did not prove that the complained-of conduct was less favourable treatment on the grounds of race, presumed disability or responsibilities as a carer. The Cancer Party was not proved, the graffiti was unwelcome and detrimental but not shown to be because of Serbian race, and the Grim Reaper and plane comments were not shown to be because of presumed disability or carer's responsibilities. The victimisation complaint was substantiated only as to Mr Dixon's January 2011 comments, because those comments ridiculed the Applicant about his Anti-Discrimination Board complaint, subjected him to detriment, and were made for the real reason...

Jurisdiction
Australia
Judgment Date
05 December 2011
Procedural Posture
Equal Opportunity Division Complaint Alleging Employment Discrimination and Victimisation Under the Anti Discrimination Act 1977 / Principal Judgment After Hearing
Outcome
Complaints of discrimination on the grounds of carer's responsibilities, disability and race dismissed; victimisation substantiated only in relation to Mr Dixon's January 2011 comments; compensation and training ordered.
Legal Topics
['race Discrimination' 'disability Discrimination' "carer's Responsibilities Discrimination" 'workplace Harassment' 'victimisation' 'vicarious Liability of Employer' 'compensation for Hurt Feelings']
['anti Discrimination Law' 'employment Law'] ['race Discrimination' 'disability Discrimination' "carer's Responsibilities Discrimination" 'workplace Harassment' 'victimisation' 'vicarious Liability of Employer' 'compensation for Hurt Feelings']

Case Brief

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Procedural Posture

Equal Opportunity Division Complaint Alleging Employment Discrimination and Victimisation Under the Anti Discrimination Act 1977 / Principal Judgment After Hearing

Legal Issues

  1. 1 ["Whether graffiti on the Applicant's locker constituted harassment or less favourable treatment on the ground of race." 'Whether alleged Cancer Party and Grim Reaper incidents constituted harassment or less favourable treatment on the ground of presumed disability.' 'Whether comments about a plane crash and the Grim Reaper incident constituted harassment or less favourable treatment on the ground of responsibilities as a carer.' "Whether the Respondent victimised the Applicant after he made discrimination complaints, including by Mr Dixon's January 2011 comments about the Anti-Discrimination Board complaint." 'What relief should be ordered for any substantiated victimisation.']

Ratio Decidendi

The discrimination complaints failed because the Applicant did not prove that the complained-of conduct was less favourable treatment on the grounds of race, presumed disability or responsibilities as a carer. The Cancer Party was not proved, the graffiti was unwelcome and detrimental but not shown to be because of Serbian race, and the Grim Reaper and plane comments were not shown to be because of presumed disability or carer's responsibilities. The victimisation complaint was substantiated only as to Mr Dixon's January 2011 comments, because those comments ridiculed the Applicant about his Anti-Discrimination Board complaint, subjected him to detriment, and were made for the real reason...

Court Disposition

Complaints of discrimination on the grounds of carer's responsibilities, disability and race dismissed; victimisation substantiated only in relation to Mr Dixon's January 2011 comments; compensation and training ordered.

Orders

  • ["The complaint of discrimination in relation to harassment on the grounds of carers' responsibilities is dismissed." 'The complaint of discrimination in relation to harassment on the grounds of disability is dismissed.' "The complaint of discrimination in relation to harassment on the grounds of race concerning the...