Ibrahim v Sydney Local Health Network [2011] NSWADT 50

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Ibrahim v Sydney Local Health Network [2011] NSWADT 50 Hearing dates: 1 March 2011 Decision date: 11 March 2011 Before: Magistrate N Hennessy, Deputy President Decision: Leave for the applicant's complaint of race discrimination in employment to be the subject of proceedings in the Tribunal is refused. Catchwords: LEAVE - race discrimination complaint declined by President of Anti-Discrimination Board as lacking in substance - whether fair and just for complaint to proceed - no evidence that treatment was on the ground of race Legislation Cited: Anti-Discrimination Act 1977 Administrative Decisions Tribunal Act 1997 Cases Cited: Ekermawi v Administrative Decisions Tribunal of New South Wales & Ors [2009] NSWSC Dutt v Central Coast Area Health Service [2002] NSWADT 133; Shamoon v Chief Constable of the Royal Ulster Constabulary [2003] 2 All ER 26 Category: Interlocutory applications Parties: Tony Ibrahim (Applicant) Sydney Local Health Network (Respondent) Representation: Tony Ibrahim (Applicant in person) Nathan Rudd (Respondent) File Number(s): 111005

REASONS FOR DECISION

Introduction 1Mr Ibrahim complained to the Anti-Discrimination Board that he had been discriminated against by his employer, Sydney Local Health Network (SLHN), on the ground of his race (Egyptian). The President of the Board declined the complaint as lacking in substance. Mr Ibrahim requested that his complaint be referred to the Tribunal. A complaint which has been declined cannot go ahead unless the Tribunal gives its permission: Anti-Discrimination Act 1977 ( AD Act ), s 96. 2The test to be applied is whether it is fair and just in all the circumstances for the complaint to proceed: Jones & Anor v Ekermawi [2009] NSWCA 388 at [60]. The applicant bears the onus of persuading the Tribunal that leave should be granted. The only issue in this case is whether the complaint has sufficient merit to justify leave being granted.