Monroe v Moore [2010] NSWADT 179

CITATION: Monroe v Moore [2010] NSWADT 179

DIVISION: Equal Opportunity Division

APPLICANT Sebastian Monroe PARTIES: RESPONDENT Ian Moore

FILE NUMBER: 091049

HEARING DATES: 18 and 19 January 2010

SUBMISSIONS CLOSED: 19 January 2010

DATE OF DECISION: 19 July 2010

BEFORE: Madgwick R - ADCJ (Deputy President); Schneeweiss J - Non-Judicial Member ; Monaghan-Nagle L - Non-Judicial Member

CATCHWORDS: DISCRIMINATION – on ground of disability – indirect discrimination – meaning of "reasonable requirement" – significance of breaches of laws other than anti-discrimination legislation – accessorial liability – vicarious liability - DISCRIMINATION – on ground of responsibilities as a carer VICTIMISATION - on ground that person victimised alleged discriminator had committed act which would amount to contravention of Anti- Discrimination Act 1977 – meaning of "allegation" - PROCEDURE – desirability of reasons being expressed in plain English where possible

LEGISLATION CITED : Administrative Decisions Tribunal Act 1997 Anti-Discrimination Act 1977

APPLICANT I Chatterjee, solicitor REPRESENTATION: RESPONDENT In person

1.Except insofar as the complaint alleges victimisation contrary to s 50(1)(c), it is dismissed. ORDERS: 2.The complaint of victimisation is found to be substantiated 3.The respondent is to pay the applicant damages in the sum of $4650 (subject to liberty to apply as to the arithmetical quantification of that sum).

REASONS FOR DECISION Claims of discrimination and victimisation 1 Mr Monroe claims that his erstwhile employer Ian Moore Pty Ltd, a company which was Mr Moore's alter ego, unlawfully discriminated against him in a number of ways and then victimised him for alleging that he was the subject of discrimination. The company has since been liquidated and Mr. Monroe says that Mr. Moore is personally liable either because he permitted the company to behave as alleged or by reason of his own conduct.