Loke v Director General, Department of Education and Communities [2013] NSWADT 212

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Loke v Director General, Department of Education and Communities [2013] NSWADT 212 Hearing dates: 2 July 2013 Decision date: 27 September 2013 Jurisdiction: Equal Opportunity Division Before: Magistrate N Hennessy, Deputy President Decision: Leave is refused for the applicant's complaints to proceed. Catchwords: ANTI-DISCRIMINATION - leave - complaints of race discrimination and victimisation dismissed as lacking in substance - whether fair and just for complaints to proceed Legislation Cited: Anti-Discrimination Act 1977 Cases Cited: Hamed v Director General, Department of Education [2007] NSWADT 43 Jones v Ekermawi [2009] NSWCA 388 Category: Interlocutory applications Parties: Ganesh Loke (Applicant) Director General, Department of Education and Communities (Respondent) Representation: Applicant (In person) Makinson & d'Apice (Respondent) File Number(s): 131030

reasons for decision

Introduction 1Mr Loke, who is of Indian descent, has been a Technology and Applied Studies (TAS) teacher for seven years. He complained that his employer, the Director General of the Department of Education and Communities, victimised him and discriminated against him on the ground of his race in breach of the Anti-Discrimination Act 1977 (AD Act). The President of the Anti-Discrimination Board declined his complaints as misconceived and lacking in substance: AD Act, s 96. The Tribunal may give Mr Loke permission for his complaints to go ahead if it is fair and just to do so: Jones v Ekermawi [2009] NSWCA 388. I have decided not to give Mr Loke permission for his complaints to go ahead because it is highly unlikely that he would be able to substantiate those complaints.