NSW Caselaw
Set aside by Appeal : Set aside by on 18/4/00
CITATION: Aldridge -v- Commissioner of Corrective Services [1999] NSWADT 33
DIVISION: Equal Opportunity
APPLICANT: Richard Aldridge
RESPONDENT: Commissioner of Corrective Services
FILE NUMBER: 37 of 1997
HEARING DATES: 04/06/1998; 04/07/1998; 05/19/1998; 05/20/1998; 05/21/1998; 05/22/1998; 06/01/1998; 06/11/1998; 07/09/1998; 07/13/1998; 08/11/1998
SUBMISSIONS CLOSED: 02/23/1999
DATE OF DECISION: 25 May 1999
M Biddulph - Judicial Member BEFORE: J Strickland - Member S Bullock - Member
PRIMARY LEGISLATION: Anti Discrimination Act 1977
APPLICATION: Disability Discrimination - Employment; Harassment; Race Discrimination - Employment; Victimisation -
MATTER FOR DECISION: Principal matter
Applicant: S Friend, solicitor REPRESENTATION: Respondent: T Anderson of counsel
1. That the Respondent pay to the Applicant the sum of ten thousand dollars ($10,000.00) damages for injury to feelings, distress, mental anguish and suffering, loss of dignity, embarrassment and humiliation and for stress and anxiety and loss of career prospects and development opportunities.
ORDERS: 2. That each party pay their own costs.
3. That the Respondent restore the Applicant to a position within the Department of Corrective Services where the Applicant will have direct contact with indigenous people and in accordance with his Public Service grading.
1 Section 7 of the Anti-Discrimination Act 1977 ('the Act') provides: "7(1) A person ("the perpetrator") discriminates against another person ("the aggrieved person") on the ground of race if, on the ground of the aggrieved person's race or the race of a relative or associate of the aggrieved person, the perpetrator: (a) treats the aggrieved person less favourably than in the same circumstances, or in circumstances which are not materially different, the perpetrator treats or would treat a person of a different race or who has such a relative or associate of a different race; or
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