Dharmalingham v Western NSW Local Health District [2015] NSWCATAD 74

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Dharmalingham v Western NSW Local Health District [2015] NSWCATAD 74 Hearing dates: 18, 19, 20 February 2014 and 21, 22 August 2014 Decision date: 15 April 2015 Jurisdiction: Administrative and Equal Opportunity Division Before: J Conley, Senior Member, J Schwager, General member, M Nasir, General Member Decision: The applicant's complaint of discrimination on the grounds of race in respect of the native language complaint is substantiated. The applicant's complaint of discrimination on the ground of race is otherwise not substantiated. The applicant's complaint of discrimination on the grounds of carer's responsibilities is not substantiated. The applicant's complaint of discrimination on the ground of disability is not substantiated. Catchwords: Discrimination, allegation of direct discrimination on the ground of race, disability, responsibilities as a carer, victimisation Legislation Cited: Anti-Discrimination Act 1977 Civil and Administrative Tribunal Act 2013 Cases Cited: Wollongong City Council v Bonella [2002] NSWADTAP 26. Sivananthan v Commissioner of Police, NSW Police Service NSWADT 44 O'Callaghan v Loder [1983] 3 NSWLR 89 (1984) EOC 92-023 Purvis v Sate of New South Wales [2003] HCA 62 (Purvis) Shamoon v Chief Constable of the Royal Ulster Constabulary [2003] UKHL 11; [2003] 2 All ER ER 26; Dutt v Central Coast Area Health Service [2002] NSWADT 133 Edwards v Bourke Bowling Club Limited [2000] NSWADT 31 Seltsam Pty Ltd v McGuiness (2000) 49 NSWLR 262. Qantas Airways v Gama [2008] FCAFC 69 Burns v Laws (EOD) [2008] NSWADTAP 3; Chand v Rail Corporation of NSW (No2) [2009] NSWADTAP 27 Tleyji v The TravelSpirit Group Pty Ltd [2005] NSWADT 294 (15 December 2005) Awad v Western Sydney Local Health District [2013] NSWADT 287 (13 December 2013) Department of Health v Arumugan (1988) VR 319 Fenwick v Beveridge Building Products (1986) EOC 92 Shaikh v Commissioner, NSW Fire Brigades (1996) EOC 92-808 Nicholls v Nicholls v Director General, Department of Education and Training (No2) [2009] NSWADTAP 20 Jones v Trad [2013] NSW CA 389 at 98. Category: Principal judgment Parties: Thennarasu Dharmalingham (Applicant) Western NSW Local Health District (Respondent) Representation: Counsel: A Singh (Applicant) J Kearney (Respondent)