Grass v Voyager Tennis Pty Ltd [2023] NSWCATAP 168

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Grass v Voyager Tennis Pty Ltd [2023] NSWCATAP 168 Hearing dates: 16 June 2023 Date of orders: 23 June 2023 Decision date: 23 June 2023 Jurisdiction: Appeal Panel Before: Cole DCJ, Deputy President Dr R Dubler SC, Senior Member Decision: (1) In respect of the second, third and fourth respondents, the appeal is allowed. (2) The appeal against the first respondent is dismissed. (3) The decision in respect of the second, third and fourth respondents is set aside with the whole of the decision remitted to the Administrative and Equal Opportunity Division, differently constituted, to be reconsidered without further evidence. Catchwords: Human rights – Victimisation – Whether the allegation of discrimination giving rise to the claim of victimisation needs to be established – Voluntary association Legislation Cited: Anti-Discrimination Act 1977 (NSW) Fair Work Act 2009 (Cth) Cases Cited: Najmitdinov v Woolworths Group Ltd [2019] NSWCATAD 51 Texts Cited: None cited Category: Principal judgment Parties: John Grass (Appellant) Voyager Tennis Pty Ltd (First Respondent) Leonard McIntosh (Second Respondent) Edi Leong (Third Respondent) Terry Auyeng (Fourth Respondent) Representation: Appellant (Self-Represented) First Respondent (Self-Represented) Second Respondent (Self-Represented) Third Respondent (No Appearance) Fourth Respondent (No Appearance) File Number(s): 2023/00122998 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Administrative and Equal Opportunity Division Citation: [2023] NSWCATAD 68 Date of Decision: 23 March 2023 Before: M Tibbey, Senior Member E Hayes, General Member File Number(s): 2022/00156371