Loke v NSW Department of Education and Communities [2015] NSWCATAD 111

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Loke v NSW Department of Education and Communities [2015] NSWCATAD 111 Hearing dates: 15 and 16 May and 6 August 2014 Decision date: 29 May 2015 Jurisdiction: Administrative and Equal Opportunity Division Before: S Higgins, Principal Member N Hiffernan, General Member M Nasir, General Member Decision: The applicant's application is dismissed. Catchwords: ANTI-DISCRIMINATION – discrimination at work on the grounds of race – differential treatment and causation. Alleged racist remarks by work colleagues – whether alleged remarks proven and Legislation Cited: Anti-Discrimination Act 1977 Civil and Administrative Tribunal Act 2013 Cases Cited: BKY v The University of Newcastle [2014] NSWCATAD 39 Commissioner of Corrective Services v Aldridge [2000[ NSWADTAP 5 Dutt v Central Coast Area Health Service [2002] NSWADT 133 Fletcher v TNT Australia Pty Ltd [2011] NSWADT 175 Hall v A & A Sheiban Pty Ltd (1989) 20 FCR 17 Hamed v Director General, Department of Education [2007] NSWADT 43 Imielska v Director-General, NSW Health [2012] NSWADT 25 Loke v Director General, Department of Education and Communities [2013] NSWADT 212 O'Callaghan v Loder [1983] 3 NSWLR 89 Category: Principal judgment Parties: Ganesh Loke (Applicant) Department of Education & Communities (Respondent) Representation: Counsel: B Fogarty (Respondent)