Kumar v Point of Care Diagnostics Pty Ltd [2020] NSWCATAD 312

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Kumar v Point of Care Diagnostics Pty Ltd [2020] NSWCATAD 312 Hearing dates: 18 November 2020 Date of orders: 14 December 2020 Decision date: 14 December 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: C Ludlow, Senior Member Decision: (1) The complaint is amended: (a) To extend the period covered by the complaint of discrimination in employment on the ground of race, under sections 7 and 8 of the Anti-Discrimination Act 1977, to between 1 March 2017 and 15 June 2020; and (b) To add a complaint that Mr Alex Cross and Mr Rupert Haines breached s 52 of the Anti-Discrimination Act by permitting unlawful conduct between 1 March 2017 and 15 June 2020. (2) Mr Rupert Haines and Mr Alex Cross are joined as respondents to the proceedings for the purposes of the complaint in 1(b) only. (3) The application to amend the complaint by adding a complaint of racial vilification is refused. (4) The proceedings are referred to the Registry to be listed for directions. Catchwords: HUMAN RIGHTS – discrimination – context - in employment HUMAN RIGHTS – discrimination – grounds – racial discrimination HUMAN RIGHTS – victimisation HUMAN RIGHTS – racial vilification CIVIL PROCEDURE – Parties – joinder CIVIL PROCEDURE – originating process - amendment Legislation Cited: Anti-Discrimination Act 1977 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: Dixon v RNJ Sicame Pty Ltd [2002] NSWADT 154 Dutt v Central Coast Area Health Service [2002] NSWADT 133 Ekermawi v Commissioner of Police, NSW Police Force [2019] NSWCATAD 79 Goldsteen v TCI Bondi Junction Pty Ltd [2018] NSWCATAD 135 Hanratty v Kempsey Shire Council [2002] NSWADT 232 Jones v Trad [2013] NSWCA 389 Seltsam Pty Ltd v McGuiness [2000] NSWCA 29; (2000) 49 NSWLR 262 Thompson v Rail Corporation NSW [2008] NSWADT 329 Zhang v Blinds Pty Ltd t/as Blinds by Peter Meyer [2008] NSWADTAP 24 Texts Cited: None cited Category: Procedural and other rulings Parties: Anup Kumar (Applicant) Point of Care Diagnostics (Respondent) Representation: Solicitors: Connect Legal (Applicant) Respondent (Self Represented) File Number(s): 2020/00329895 Publication restriction: Nil