El Kassir v Commonwealth Bank of Australia [2024] NSWCATAD 316

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: El Kassir v Commonwealth Bank of Australia [2024] NSWCATAD 316 Hearing dates: 09 October 2024 Date of orders: 24 October 2024 Decision date: 24 October 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: M Tibbey, Senior Member Decision: Leave to proceed with complaint refused. Catchwords: Human Rights – leave – disability discrimination – termination of banking relationship due to aggressive behaviour towards branch staff. Legislation Cited: Anti-Discrimination Act, 1977 (NSW) Cases Cited: Jones & Anor v Ekermawi [2009] NSWCA 388 Ekermawi v ADT & Ors [2009] NSWSC 143 Hubbard v Roads and Traffic Authority of NSW [2010] NSW ADT 99 Nicholls and Nicholls v Director General, Department of Education and Training (No 2) [2009] NSWADTAP 20 Purvis v NSW [2003] HCA 62; 217 CLR 92 Texts Cited: None cited Category: Procedural rulings Parties: Hani El Kassir (Applicant) Commonwealth Bank of Australia (Respondent) Representation: Applicant (Self-Represented) A Teggins (Commonwealth Bank of Australia) (Respondent) File Number(s): 2024/00297001 Publication restriction: Nil

REASONS FOR DECISION 1. This was an application for leave to proceed with a complaint of disability discrimination made under the Anti-Discrimination Act 1977 (NSW) ('the Act'). 2. A complaint was made by the applicant of disability discrimination in the provision of goods and services in relation to conduct that is said to have occurred between 21 March 2024 to 17 April 2024. . 3. The complaint was declined by a delegate of Anti-Discrimination NSW ('ADNSW') under s92(1)(a)(i) of the Act, because it was "lacking in substance". 4. The applicant alleges that in 2017 the respondent wrongfully terminated his banking relationship due to an allege incident of abusive behaviour by him towards a branch staff member. 5. The applicant has made repeated requests to the respondent to review its decision to terminate its banking relationship with him and accept him as a customer. However, his application has been refused. 6. On 23 March 2024 the applicant contacted the respondent and provided it with a copy of a letter from his treating psychologist, Ms Amina Ahmed, Forensic Psychologist dated 8 December 2023. The letter stated that he is receiving treatment for psychological symptoms and a history of mental health issues that has led to his "behaving in a disruptive manner and being banned from certain organisations in the past". The letter states that part of his treatment is "to address his anger and behaviour issues", that he is making good progress and has expressed remorse and regret "for his past aggressive behaviours and has made a commitment to rectify his behaviour. As part of this process Hani has composed apology letters to the organisations that have been impacted by his past behaviour". 7. The respondent was provided with this letter from Ms Ahmed and a communication from the applicant, but reiterated its refusal to accept the applicant as a customer on the basis of what it alleged were "multiple instances of intimidating and harassing conduct towards CBA staff." It noted that CBA "has an obligation to protect the health and safety of staff and customers" and declined to change its determination. 8. The applicant then lodged his claim of disability discrimination with Anti-Discrimination NSW. 9. In response, the respondent stated more specifically that on 11 November 2017 the applicant acted aggressively towards branch staff in the Bankstown Central branch and in April 2021 "used intimidating language directed to CBA's complaints team in early 2021". 10. On the basis of this conduct, the respondent declined to alter the decision it had made not to accept the applicant as a customer.