Wells v Glen Innes Severn Council [2010] NSWADT 281

CITATION: Wells v Glen Innes Severn Council [2010] NSWADT 281

DIVISION: Equal Opportunity Division

APPLICANT Allan Wells PARTIES: RESPONDENT Glen Innes Severn Council

FILE NUMBER: 101070

HEARING DATES: 3 August 2010

SUBMISSIONS CLOSED: 3 August 2010

DATE OF DECISION: 25 November 2010

BEFORE: Hennessy N - Magistrate (Deputy President)

CATCHWORDS: LEAVE – allegations of disability and age discrimination - part of complaint outside period - part of complaint lacking in substance - fair for remainder of complaint to proceed

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

CASES CITED: Ekermawi v Administrative Decisions Tribunal of New South Wales & Ors [2009] NSWSC 143 Jones & Anor v Ekermawi [2009] NSWCA 388

APPLICANT J Alewood, counsel REPRESENTATION: RESPONDENT P Bhatt, industrial officer

Leave is granted for that part of the applicant's complaint to proceed that relates to not being offered employment as a Plant Operator (Loader) in November 2008 ORDERS: Leave is refused for the remainder of the applicant's complaint to proceed The matter is listed for case conference on 19 January 2011 at 10:00am.

REASONS FOR DECISION

Introduction

1 Mr Wells has applied to the Tribunal for permission for his complaints of age and disability discrimination to proceed even though the President of the Anti-Discrimination Board (the Board) declined those complaints as lacking substance: Anti-Discrimination Act 1977 (AD Act), s 96. Mr Wells was born in December 1953 and was 55 years old at the time he complained to the Board in November 2009. He started work with the Glen Innes Severn Council (the Council) as a Skilled Construction Worker (Bridges) in 2006. In December of that year he injured his shoulder at work. He submitted a workplace injury claim which was accepted by the Council's insurer. Mr Wells was not able to perform his pre-injury duties and returned to work on restricted duties in March 2007.