Z v University of A & Ors (No 7) [2004] NSWADT 81

Z v University of A & Ors (No 7) [2004] NSWADT 81

The complaint was dismissed because the Tribunal found the applicant was not a credible witness, preferred the respondents' evidence on material conflicts, and found the essential elements of each alleged contravention were not established. Dr D did not make the alleged anti-homosexual comments; there was no reliable evidence that any respondent presumed the applicant was homosexual or HIV/AIDS infected or treated him less favourably on those grounds; Ms C's accepted comment was a private jocular remark that did not amount to vilification and she did not spread rumours; the alleged victimising threats and failures to act were not proved or did not constitute detriment under s 50; Ms B's...

Jurisdiction
Australia
Judgment Date
29 April 2004
Procedural Posture
Disability Discrimination, Homosexual Discrimination, Vilification and Victimisation Complaint Under the Anti Discrimination Act 1977 in the Equal Opportunity Division / Principal Matter After Hearing of Evidence and Submissions
Outcome
Complaint dismissed.
Legal Topics
['disability Discrimination in Education' 'presumed Homosexuality Discrimination in Education' 'homosexual Vilification' 'hiv/aids Vilification' 'victimisation' 'presumed Disability' 'vicarious Liability' 'civil Standard of Proof']
['anti Discrimination Law' 'education Law' 'administrative Law'] ['disability Discrimination in Education' 'presumed Homosexuality Discrimination in Education' 'homosexual Vilification' 'hiv/aids Vilification' 'victimisation' 'presumed Disability' 'vicarious Liability' 'civil Standard of Proof']

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Procedural Posture

Disability Discrimination, Homosexual Discrimination, Vilification and Victimisation Complaint Under the Anti Discrimination Act 1977 in the Equal Opportunity Division / Principal Matter After Hearing of Evidence and Submissions

Legal Issues

  1. 1 ['Whether the respondents discriminated against the applicant in education on the ground of presumed homosexuality.' 'Whether the respondents engaged in imputed homosexual vilification.' 'Whether the respondents victimised the applicant because he made or intended to make discrimination complaints.' 'Whether Dr D discriminated against or vilified the applicant on the ground that he was presumed to have HIV/AIDS.' 'Whether Ms B discriminated against the applicant on the ground that she presumed he had paranoid schizophrenia.' 'Whether the University was liable for acts of its employees under the Anti-Discrimination Act 1977.']

Ratio Decidendi

The complaint was dismissed because the Tribunal found the applicant was not a credible witness, preferred the respondents' evidence on material conflicts, and found the essential elements of each alleged contravention were not established. Dr D did not make the alleged anti-homosexual comments; there was no reliable evidence that any respondent presumed the applicant was homosexual or HIV/AIDS infected or treated him less favourably on those grounds; Ms C's accepted comment was a private jocular remark that did not amount to vilification and she did not spread rumours; the alleged victimising threats and failures to act were not proved or did not constitute detriment under s 50; Ms B's...

Court Disposition

Complaint dismissed.

Orders

  • ['The complaint is dismissed.' "The Respondents' application for costs is listed for a case conference on a date to be fixed."]