Maruf v Secretary, NSW Ministry of Health [2022] NSWCATAD 2

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Maruf v Secretary, NSW Ministry of Health [2022] NSWCATAD 2 Hearing dates: 20 October 2021 Date of orders: 5 January 2022 Decision date: 05 January 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: Dr J Lucy, Senior Member F Given, General Member Decision: (1) The applicant's application to amend the complaint is refused. (2) The application is dismissed. Catchwords: ANTI-DISCRIMINATION – Discrimination on the ground of age – Application to amend complaint made at final hearing – Whether to exercise power to amend complaint – Whether respondent discriminated against applicant on the ground of age in determining who should be offered employment - Whether respondent discriminated against applicant on the ground of age in denying him access to transfers or promotions – Whether respondent or employee of respondent victimised applicant Legislation Cited: Anti-Discrimination Act 1977 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: Braiding v Charles Sturt University [2015] NSWCATAD 242 Goldsteen v TCI Bondi Junction Pty Ltd (In Liq) (No 2) [2018] NSWCATAD 281 Zhang v Blinds Pty Ltd t/as Blinds by Peter Meyer [2008] NSWADTAP 24 Category: Principal judgment Parties: Msher Maruf (Applicant) NSW Ministry of Health (Respondent) Representation: Counsel: R Kumar (Respondent)

Solicitors: Applicant (Self-Represented) Lander & Rogers (Respondent) File Number(s): 2021/00136119 Publication restriction: None