Abdulla -V- The University Of Sydney (No. 2) [1997] NSWEOT

Equal Opportunity Tribunal of New South Wales

CITATION: Abdulla -V- The University Of Sydney (No. 2) [1997] NSWEOT

COMPLAINANT: Issam Abdulla

RESPONDENT: The University of Sydney

NUMBER: 130 of 1996

Mr Graham Ireland ( Judicial Member ) TRIBUNAL: Ms L Farmer Mr M Luger

GROUNDS OF COMPLAINT: Discrimination on the ground of race and victimisation

DATES OF HEARING: 06/23/1997; 06/24/1997; 06/25/1997 DATE OF JUDGMENT: 06/25/1997

Complainant: In person

LEGAL REPRESENTATIVES: Respondent: Minter Ellison (Solicitors) Ms J Oakley (Counsel)

JUDGMENT IN FAVOUR OF: Respondent

The Tribunal has considered its decision, and I propose to read the decision from my notes. I will direct that a copy of the transcript be ordered urgently, so that the parties could have access to the decision through the transcript, probably in a couple of days time.

This present aspect of the claim by Mr Abdulla against the University of Sydney comes before the Tribunal following the decision that the Tribunal brought down on 18 April 1997, in an application made to the Tribunal under section 111 of the Anti-Discrimination Act seeking that the Tribunal dismiss the two claims which Mr Abdulla had made against the University of Sydney, namely a complaint of discrimination on the ground of race, and secondly a claim of victimisation under section 50 of the Act.

On 18 April 1997 the Tribunal determined that, in relation to the claim for discrimination, the claim was not capable of being substantiated, and the Tribunal accordingly directed that that claim be dismissed. The Tribunal, however, determined that the claim for victimisation may be capable of being established, and it was not prepared to dismiss the claim at that stage. As a result, the claim for victimisation has now been the subject of further hearings of evidence, which took place on the last three days.