Attia v Jetstar Airways Pty Ltd [2013] NSWADT 28

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Attia v Jetstar Airways Pty Ltd [2013] NSWADT 28 Hearing dates: 29 January 2012 Decision date: 05 February 2013 Jurisdiction: Equal Opportunity Division Before: Magistrate N Hennessy, Deputy President Decision: The application for leave to proceed is granted. The matter is listed for case conference on 27 February 2013 at 2pm. Catchwords: DISCRIMINATION - complaint declined by Anti-Discrimination Board - whether fair and just for complaint to proceed - whether inference can be drawn that conduct was on the ground of race Legislation Cited: Anti-Discrimination Act 1977 Administrative Decisions Tribunal Act 1997 Cases Cited: Purvis v New South Wales (Department of Education and Training) [2003] HCA 62; (2003) 217 CLR 92 Ekermawi v Administrative Decisions Tribunal of New South Wales & Ors [2009] NSWSC 143 Dutt v Central Coast Area Health Service [2002] NSWADT 133 Category: Interlocutory applications Parties: Amir Attia (Applicant) Jetstar Airways Pty Ltd (Respondent) Representation: Counsel K Eastman SC (Respondent) A Attia (Applicant in person) Minter Ellison Lawyers (Respondent) File Number(s): 121130

REASONS FOR DECISION

Introduction 1After Mr Attia yelled at an employee, Jetstar Airways Pty Ltd refused him and his family permission to board a flight to the Gold Coast. The President of the Anti-Discrimination Board declined Mr Attia's complaint of race discrimination as 'lacking in substance'. Mr Attia, who is an Egyptian, admits yelling but denies being aggressive. If he can prove that his conduct did not justify Jetstar's decision, a Tribunal hearing this case may draw an inference that his race was a factor. It is fair and just in those circumstances to allow Mr Attia's complaint to go ahead.