Bir v Western Sydney Local Health District [2022] NSWCATAD 286

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Bir v Western Sydney Local Health District [2022] NSWCATAD 286 Hearing dates: 8 August 2022 Date of orders: 24 August 2022 Decision date: 24 August 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: L Andelman, Senior Member A Limbury, Member Decision: 1. The complaint referred by the President of the Anti-Discrimination Board to the Tribunal on 31 January 2021 is amended to incorporate the following allegations against the Respondent within the period 14 July 2020 to 27 April 2022: a. Second Continued Investigation and Disciplinary Conduct as set out in the Amended Points of Claim in contravention of ss7,8 or 50 of the Act; and b. Suspension and Medical Examination Directions as set out in the Amended Points of Claim in contravention of s 50 of the Act. Catchwords: HUMAN RIGHTS – Discrimination – race discrimination - victimisation – application to amend complaint under s103 of the Anti-Discrimination Act Legislation Cited: Anti-Discrimination Act 1977 Civil and Administrative Act 2013 Cases Cited: A Braiding v Charles Sturt University (2015) NSWCATAD 242 Chand v Rail Corporation of NSW [EOD] [2007] NSWADTAP 54 Singh v South Western Sydney Local Health District [2020] NSWCATAD 263 Thompson v Rail Corporation of NSW [2008] NSWADT 329 Wecker v The Delegate (the decision maker) to the President of the NSW Anti-Discrimination Board [2014] NSWCA 372 Texts Cited: Nil Category: Procedural rulings Parties: Omila Bir (Applicant) Western Sydney Local Health District (Respondent) Representation: Counsel: S Mcintosh (Applicant)