Soward v Strop Pty Ltd t/as All Hills Fencing [2024] NSWCATAD 144

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Soward v Strop Pty Ltd t/as All Hills Fencing [2024] NSWCATAD 144 Hearing dates: 18 March 2024 Date of orders: 24 May 2024 Decision date: 24 May 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: L. Andelman, Senior Member K. Stubbs, General Member Decision: The application is dismissed. Catchwords: HUMAN RIGHTS – discrimination – on the ground of a person's disability– direct– employment - Legislation Cited: Anti-Discrimination Act 1977 Cases Cited: Allders International Pty Ltd v Anstee (1986) 5 NSWLR 47 New South Wales v Amery (2006) 230 CLR 174 Sharma v Legal Aid (Qld) [2002] FCAFC 196; 115 IR 91 Texts Cited: None Cited Category: Principal judgment Parties: Kevin Soward (Applicant) Strop Pty Limited trading as All Hills Fencing (Respondent) Representation: Solicitors: Applicant (self–represented) McCabes Lawyers (Respondent) File Number(s): 2023/00208227 Publication restriction: N/A

REASONS FOR DECISION 1. On 20 January 2023 the President of the Anti-Discrimination Board of NSW ("ADB") received a complaint from Mr Kevin Soward ("the applicant or Mr Soward") against Strop Pty Limited ("the respondent" or "Strop") alleging discrimination on the grounds of disability in the area of employment. On 28 June 2023 ADB referred the complaint to this Tribunal pursuant to the section 93C of the Anti-Discrimination Act 1997 (NSW) ("the Act"). 2. Mr Soward's complaint to the ADB was that he had a 'physical disability'. The period of the complaint is from 5 July 2022 to 20 January 2023 ("the Complaint Period"). Under the heading "please provide summary of the complaint" Mr Soward stated: On 5 July 2022 I was injured at work carrying out my normal duties since then they have refused to give me Saturday work soon as I entered the factory they watch me constantly on camera made me take extra week off over Xmas break 1. In response to a question from the Tribunal at the final hearing, Mr Soward stated that his only complaint in the Tribunal was that he was denied truck driving work on Saturdays during the Complaint Period on the ground of the physical disability which was the back injury.