Mr X v Teachers Mutual Bank Limited [2013] NSWADT 41

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Mr X v Teachers Mutual Bank Limited [2013] NSWADT 41 Hearing dates: 14 February 2013 Decision date: 18 February 2013 Jurisdiction: Equal Opportunity Division Before: Magistrate N Hennessy, Deputy President Decision: The applicant's application for an interim order is refused. Catchwords: ANTI-DISCRIMINATION - interim order application - prima facie case - balance of convenience Legislation Cited: Administrative Decisions Tribunal Act 1997 Anti-Discrimination Act 1977 Cases Cited: Australian Broadcasting Commission v O'Neill (2006) 227 CLR 57; [2006] HCA 46 Cardile v LED Builders Pty Ltd [1999] HCA 18 Dhillon v Rail Corporation of NSW [2009] NSWADTAP 63 Purvis v New South Wales (Department of Education and Training) [2003] HCA 62; (2003) 217 CLR 92 Category: Principal judgment Parties: Mr X (Applicant) Teachers Mutual Bank Limited (Respondent) Representation: Counsel Mr R Warren (Respondent)

Mr X (Applicant) Chadwick Workplace Law (Respondent) File Number(s): 131008

REASONS FOR DECISION

Introduction 1. Mr X was employed by the Teachers Mutual Bank Ltd. In September 2012 his father became terminally ill and Mr X asked to work remotely and be given leave when necessary to care for his father. Those arrangements did not go smoothly. The Bank terminated Mr X's employment on 8 February 2013 saying he had refused to attend meetings to explain his absences and had been on unauthorised leave from 4 to 8 February 2013. Mr X said his employer discriminated against him on the ground of his carer's responsibilities in breach of the Anti-Discrimination Act 1977 (AD Act). He has applied for an interim order reinstating him to his position until his complaint of discrimination is finalised. I have refused that application.