Molala v City of Sydney Council [2021] NSWCATAD 27

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Molala v City of Sydney Council [2021] NSWCATAD 27 Hearing dates: 13 January 2021 Date of orders: 11 February 2021 Decision date: 11 February 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: C Ludlow, Senior Member Decision: 1. Leave to proceed under s 96(1) of the Anti-Discrimination Act 1977 is refused. Catchwords: HUMAN RIGHTS – discrimination – grounds – racial discrimination CIVIL PROCEDURE — Commencement of proceedings — Leave to commence action Legislation Cited: Anti-Discrimination Act 1977 (NSW) Cases Cited: Dutt v Central Coast Area Health Service [2002] NSWADT 133 at [70]). Ekermawi v Administrative Decisions Tribunal of New South Wales & Ors [2009] NSWSC 143 Nicholls and Nicholls v Director General, Department of Education and Training (No 2) [2009] NSWADTAP 20 Prakash v Bobb Borg Enterprises Pty Ltd [1999] NSWADT 73 Purvis v State of New South Wales [2003] HCA 62; (2003) 217 CLR 92 Seltsam Pty Ltd v McGuiness [2000] NSWCA 29; (2000) 49 NSWLR 262 Texts Cited: None cited Category: Principal judgment Parties: Matshepo Molala (Applicant) City of Sydney Council (Respondent) Representation: Solicitors: Applicant (Self-Represented) Bartier Perry (Respondent) File Number(s): 2020/00341570 Publication restriction: Nil

REASONS FOR DECISION

Background 1. Ms Molala, the applicant in these proceedings, seeks the leave of the Tribunal to proceed with her complaint under s 96 of the Anti-Discrimination Act 1977 (ADA). On 3 July 2020 the President of the Anti-Discrimination Board of NSW received a complaint under the ADA from Ms Molala against the respondent, the City of Sydney which is her employer. The applicant alleged that she was discriminated against on the basis of her race. Ms Molala identified her race as Black African. 2. The President declined the complaint as lacking in substance under s 92 of the ADA. Ms Molala requested that the complaint be referred to this Tribunal under s 93A of the ADA.