Cvetkovski -v- Cleary Bros (Bombo) Pty Ltd [1999] NSWADT 34

Set aside by Appeal : Set aside by appeal on 3/5/01

CITATION: Cvetkovski -v- Cleary Bros (Bombo) Pty Ltd [1999] NSWADT 34

DIVISION: Equal Opportunity

APPLICANT: Lou Cvetkovski

RESPONDENT: Cleary Bros (Bombo) Pty Ltd

FILE NUMBER: 238 of 1996

HEARING DATES: 07/27/1998; 07/28/1998; 07/29/1998; 09/30/1998; 07/31/1998; 09/30/1998

SUBMISSIONS CLOSED: 01/29/1999

DATE OF DECISION: 26 May 1999

G Ireland - Judicial Member BEFORE: L Farmer - Member A Silva - Member

PRIMARY LEGISLATION: Anti-Discrimination Act 1977

APPLICATION: Imputed Disability Discrimination; Race Discrimination - Associate; Race Discrimination - Employment; Victimisation -

MATTER FOR DECISION: Principal matter

Applicant: A Healey of counsel instructed by Craddock Murray & Neumann REPRESENTATION: Respondent: C Ronalds of counsel instructed by KPMG Legal

1. The complaints of unlawful discrimination on the ground of race and on the ground of the race of an associate have been substantiated. 2. The complaint of unlawful discrimination on the ground of disability has been substantiated. ORDERS: 3. The complaint of victimisation has been substantiated. 4. The Respondent is liable pursuant to Section 53(1) of the Act to the Complainant for the doing of the acts which constituted the unlawful conduct the subject of the findings in 1,2 and 3. 5. The Respondent to pay to the Complainant by way of compensation for the unlawful discrimination and victimisation an amount of $43,651.91, and that such amount be paid within twenty-one (21) days from the date of this decision. 6. The parties have leave to make an application to the Tribunal to determine whether or not costs, and to what extent costs, should be awarded in this enquiry and that such application be made within twenty-one (21) days from the date of this decision, and if no application is received in that time, the Tribunal directs that there be no order as to costs in this enquiry.