Tebb v State of New South Wales [2021] NSWCATAD 104

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Tebb v State of New South Wales [2021] NSWCATAD 104 Hearing dates: 27 - 29 January 2021 Date of orders: 28 April 2021 Decision date: 29 April 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: C Ludlow, Senior Member J Goodman-Delahunty, General Member Decision: 1. The complaint of discrimination on the grounds of disability and carers' responsibilities is dismissed. 2. The complaint of victimisation is dismissed. Catchwords: HUMAN RIGHTS – discrimination – context - in employment HUMAN RIGHTS – discrimination – grounds – disability – carers' responsibilities - causation HUMAN RIGHTS – victimisation - causation Legislation Cited: Anti-Discrimination Act 1977 (NSW) Cases Cited: Amery v State of New South Wales (Director-General NSW Department of Education and Training) [2004] NSWCA 404 Bogie v The University of Western Sydney (1990) EOC 92–313 Braiding v Charles Sturt University [2016] NSWCATAD 90 Dutt v Central Coast Area Health Service [2002] NSWADT 133 Nicholls & Nicholls v Director-General Department of Education and Training (No 2) [2009] NSWADTAP 20 O'Callaghan v Loder [1983] 3 NSWLR 89; (1984) EOC 92-023 Omeri v Quality Assurance Service Pty Ltd [2003] NSWADT 188 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. Sivananthan v Commissioner of Police, NSW Police Service [2001] NSWADT 44 Texts Cited: Nil Category: Principal judgment Parties: Andrew Tebb (Applicant) State of New South Wales (respondent) Representation: Counsel: R Graycar (Respondent)