Gibbs v UnitingCare NSW.ACT [2010] NSWADT 273

CITATION: Gibbs v UnitingCare NSW.ACT [2010] NSWADT 273

DIVISION: Equal Opportunity Division

APPLICANT Theresa Gibbs PARTIES: RESPONDENT UnitingCare NSW.ACT

FILE NUMBER: 101114

HEARING DATES: 8 November 2010

SUBMISSIONS CLOSED: 8 November 2010

DATE OF DECISION: 16 November 2010

BEFORE: Hennessy N - Magistrate (Deputy President)

CATCHWORDS: LEAVE – victimisation – merits of complaint

LEGISLATION CITED : Anti-Discrimination Act 1977

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

APPLICANT In person REPRESENTATION: RESPONDENT S Borrow, solicitor

ORDERS: 1. Leave for the applicant's complaints of disability discrimination to proceed is refused 2. Leave for the applicant's complaint of victimisation to proceed is refused.

REASONS FOR DECISION

Introduction

1 The issue in this case is whether the Tribunal should give Ms Gibbs permission ('leave') for her complaint of victimisation to go ahead even though the President of the Anti-Discrimination Board (ADB) declined that complaint as lacking in substance. The complaint of victimisation is against Ms Gibbs' former employer, UnitingCare NSW.ACT which runs the Lillian Wells Nursing Home. Ms Gibbs was employed as a registered nurse and as the Acting Director of Care from March 2008. She resigned on 6 April 2009.

2 The President also declined Ms Gibbs' complaints of disability discrimination. Although she required the President to refer those complaints to the Tribunal, she withdrew them on the day of the hearing. As they have been withdrawn, leave is formally refused for those complaints to proceed.