Fletcher v TNT Australia Pty Ltd [2011] NSWADT 175

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Fletcher v TNT Australia Pty Ltd [2011] NSWADT 175 Hearing dates: 5 July 2011 Decision date: 19 July 2011 Jurisdiction: Equal Opportunity Division Before: Magistrate N Hennessy, Deputy President Decision: Leave is refused for the Applicant's complaint of race discrimination against the Respondent to proceed Catchwords: LEAVE - complaint of race discrimination in employment declined as lacking in substance by President of Anti-Discrimination Board - whether fair and just for it to proceed Legislation Cited: Anti-Discrimination Act 1977 Cases Cited: Director General, Department of Education & Training v FP and FQ on behalf of FR (EOD) [2003] NSWADTAP 51 Dutt v Central Coast Area Health Service [2002] NSWADT 133 Hall v A & A Sheiban Pty Ltd (1989) 20 FCR 17 Jones and Anor v Ekermawi [2009] NSWCA 388 Martin v McKensey (No 2) [2003] NSWADT 126 O'Callaghan v Loder [1983] 3 NSWLR 89 Category: Interlocutory applications Parties: Robin Fletcher (Applicant) TNT Australia Pty Ltd (Respondent) Representation: Mr R Fletcher (Applicant - in person) Ms L Brown (Respondent - agent) File Number(s): 111040

REasons for decision

Background 1EQUAL OPPORTUNITY DIVISION (N HENNESSY, LCM (DEPUTY PRESIDENT)): The issue in these proceedings is whether the Tribunal should give Mr Fletcher permission for his complaint of race discrimination, under the Anti-Discrimination Act 1977 ( AD Act ) to proceed. The complaint, which is against his former employer TNT Australia Pty Limited, was declined by the President of the Anti-Discrimination Board.