Tendek v Anglicare Sydney [2021] NSWCATAD 235

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Tendek v Anglicare Sydney [2021] NSWCATAD 235 Hearing dates: 7 July 2021 Date of orders: 13 August 2021 Decision date: 13 August 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: C Mulvey, Senior Member Decision: Leave for the complaint against Anglicare Sydney to proceed is refused. Catchwords: HUMAN RIGHTS — equal opportunity — whether leave required for complaint to proceed — principles applying to grant of leave Legislation Cited: Anti-Discrimination Act 1977 (NSW) Cases Cited: Ekermawi v Administrative Decisions Tribunal of New South Wales & Ors [2009] NSWSC 143 Jones & Anor v Ekermawi [2009] NSWCA 388 Category: Principal judgment Parties: Alexander Tendek (Applicant) Anglicare Sydney (Respondent) Representation: Alexander Tendek (Self-Represented) Respondent (No appearance) File Number(s): 2021/00167060 Publication restriction: None

REASONS FOR DECISION 1. Mr Alexander Tendek has been a resident at The Cecil in Katoomba since 2018. The Cecil is accommodation provided by Anglicare (the Respondent). Mr Tendek alleges that the use of pesticides at the property by the Respondent exacerbates his disabilities and that the Respondent has failed to consider his condition. Mr Tendek contends that this constitutes discrimination on the basis of disability in respect of his accommodation. 2. The complaint received by the President at Anti-Discrimination New South Wales ('the President') received a complaint on 16 December 2020 from Mr Tendek. The complaint alleges that pesticides sprayed at ground level around the building and the use of boxes of rat poison placed around the building exacerbates his health condition. It includes the use of an electric fragrance dispenser in the corridor near the foyer of the building which Mr Tendek alleges 'this stuff goes straight to my head'. As a result of the use of these chemicals Mr Tendek submits that residents are living in an unnatural and poisonous environment and his and other residents' health deteriorates as a result.