Alghofaili v SAE Institute Pty Ltd [2020] NSWCATAD 215

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Alghofaili v SAE Institute Pty Ltd [2020] NSWCATAD 215 Hearing dates: 5 August 2020 Date of orders: 2 September 2020 Decision date: 02 September 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: C Ludlow, Senior Member Decision: (1) Leave to proceed with the complaint of discrimination on the ground of race is granted. (2) Leave to proceed with the complaint of victimisation is refused. Catchwords: EQUAL OPPORTUNITY – leave to proceed - principles applying to grant of leave – race discrimination in education – ethno-religious origin – victimisation Legislation Cited: Anti-Discrimination Act 1977 (NSW) Cases Cited: CZH v University of Technology Sydney [2017] NSWCATAD 82 Dezfouli v Health Care Complaints Commission [2018] NSWCATAD 245 Director General, Department of Education & Training v FP and FQ on behalf of FR (EOD) [2003] NSWADTAP 51 Director General, Department of Education and Training v ZG [2007] NSWADTAP 50 Ekermawi v Administrative Decisions Tribunal of New South Wales & Ors [2009] NSWSC 143 Jones and Harbour Radio Pty Limited v Trad (EOD) [2011] NSWADTAP 1 Omeri v Quality Assurance Services Pty Ltd (No. 2) [2004] NSWADT 105 Prakash v Bobb Borg Pty Ltd [1999] NSW ADT 73 Tarjali-Diab v NSW Department of Commerce (No 2) [2005] NSWADT 288 Texts Cited: None cited Category: Procedural and other rulings Parties: Sohail Alghofaili (Applicant) SAE Institute Pty Ltd (Respondent) Representation: Counsel: R Kumar (Applicant) B Byrnes (Respondent)