Leibeck v Toll Transport Pty Ltd [2012] NSWADT 19

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Leibeck v Toll Transport Pty Ltd [2012] NSWADT 19 Hearing dates: 14, 15 and 16 December 2011 Decision date: 10 February 2012 Jurisdiction: Equal Opportunity Division Before: G Furness SC, Judicial Member E Hayes, Non-Judicial Member J Newman, Non-Judicial Member Decision: Complaints dismissed Catchwords: Race discrimination, disability discrimination, victimisation Legislation Cited: Anti-Discrimination Act 1977 Cases Cited: Sivananthan v Commissioner of Police, NSW Police Service [2001] NSWADT 44 O'Callaghan v Loder and The Commissioner for Main Roads [1983] 3 NSWLR 89 FP and FQ on behalf of FR v Department of Education and Training [2003] NSWADT 68 Toll Pty Limited trading as Toll Express v Abdulrahman [2007] NSWADTAP 70 Commissioner of Corrective Services v Aldridge [2000] NSWADTAP 5 Purvis v State of New South Wales [2003] HCA 62; (2003) 202 ALR 133 Category: Principal judgment Parties: Ronnie Leibeck (Applicant) Toll Transport Pty Limited (Respondent) Representation: Counsel B Cross (Respondent) R Leibeck (Applicant in person) FCB Workplace Law (Respondent) File Number(s): 111063

REasons for decision 1On 21 October 2010, the applicant, Ronnie Leibeck made a complaint to the Anti-Discrimination Board ("the Board") claiming he had been discriminated against on the grounds of race and disability by Toll Transport Pty Ltd ("Toll") during the period 20 May 2010 to 30 June 2010. On 29 October 2010, Mr Leibeck made a further complaint alleging that between 20 May 2010 and 1 November 2010 he had been victimised by Toll. On 30 March 2011 he alleged further victimisation by Toll between 29 October 2010 and 30 March 2011. The complaints were referred by the Board to the Administrative Decisions Tribunal (the Tribunal) on 15 June 2011.