Smith v Westpac Banking Corporation [2013] NSWADT 77

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Smith v Westpac Banking Corporation [2013] NSWADT 77 Hearing dates: 3 April 2013 Decision date: 11 April 2013 Before: Magistrate N Hennessy, Deputy President Decision: The applicant's application to amend the complaint is refused. Catchwords: DISCRIMINATION - application to amend complaint - conduct occurred more than six years ago - policy considerations when determining whether to amend complaint - prejudice to respondent - merits of the proposed amended complaint Legislation Cited: Anti-Discrimination Act 1977 Cases Cited: Brisbane South Regional Health Authority v Taylor (1996) 186 CLR 541 Dutt v Central Coast Area Health Service [2002] NSWADT 133 Shamoon v Chief Constable of the Royal Ulster Constabulary [2003] UKHL 11; [2003] 2 All ER 26 Thompson v Rail Corporation NSW [2008] NSWADT 329 Category: Interlocutory applications Parties: Alan Smith (Applicant) Westpac Banking Corporation (Respondent) Representation: Counsel M Seck (Respondent) G Reid (agent for Applicant) Allens (Respondent) File Number(s): 121072

REASONS FOR DECISION

Introduction 1Mr Smith has applied to amend his complaint of disability discrimination against his former employer, Westpac Banking Corporation. His current complaint is that Westpac refused to pay him his accrued sick leave from October 2006, when he left work, until July 2009 when his employment was terminated. I refuse to amend his complaint to add further conduct which occurred in 2006 for two main reasons. First, it is in the public interest for disputes to be resolved as quickly as possible. Secondly, the proposed amendment, as currently drafted, is misconceived.