Luu v Rail Corporation New South Wales [2010] NSWADT 112

CITATION: Luu v Rail Corporation New South Wales [2010] NSWADT 112

DIVISION: Equal Opportunity Division

APPLICANT Lam Phi Luu PARTIES: RESPONDENT Rail Corporation New South Wales

FILE NUMBER: 101011

HEARING DATES: 13 April 2010

SUBMISSIONS CLOSED: 13 April 2010

DATE OF DECISION: 17 May 2010

BEFORE: Hennessy N - Magistrate (Deputy President)

CATCHWORDS: EQUAL OPPORTUNITY – leave to proceed, complaint declined lacking in substance

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

CASES CITED: Jones & Anor v Ekermawi [2009] NSWCA 388

APPLICANT In person REPRESENTATION: RESPONDENT P Ginters, counsel

ORDERS: Leave is refused for the Applicant's complaints of race discrimination against the Respondent to be the subject of proceedings before the Tribunal.

REASONS FOR DECISION

Introduction

1 Mr Luu was employed by Rail Corporation New South Wales (RailCorp) as a duty manager. On 17 December 2008, following an investigation and disciplinary process in relation to three complaints against him from members of the public and a fellow employee, RailCorp terminated Mr Luu's employment. He applied to the Australian Industrial Relations Commission (AIRC) alleging that his termination was harsh, unjust or unreasonable. The proceedings were settled and Mr Luu signed a Deed of Release. He accepted a sum equivalent to 20 weeks wages as full and final settlement for all entitlements arising out of his employment termination. He also released and indemnified RailCorp from any further claims. Mr Luu says that he had no choice but to sign the Deed because the union representative told him that the union would not represent him if the matter went to hearing.