Muller v Westpac Banking Corporation [2015] NSWCATAD 251

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Muller v Westpac Banking Corporation [2015] NSWCATAD 251 Hearing dates: 22 September 2015 Date of orders: 02 December 2015 Decision date: 02 December 2015 Jurisdiction: Administrative and Equal Opportunity Division Before: N Hennessy LCM, Deputy President Decision: Leave is refused for the applicant's complaint of sex discrimination to proceed. Catchwords: ANTI-DISCRIMINATION – leave to proceed when complaint declined as lacking in substance - complaint of sex discrimination against employer – whether fair and just for complaint to proceed – complaint lacks substance – leave refused Legislation Cited: Anti-Discrimination Act 1977 (NSW) Cases Cited: Ekermawi v Administrative Decisions Tribunal of New South Wales [2009] NSWSC 143 Jones v Ekermawi [2009] NSWCA 388 Category: Principal judgment Parties: Rhonda Muller (Applicant) Westpac Banking Corporation (Respondent) Representation: Counsel: M Klooster (Applicant) M Seck (Respondent)

Solicitors: Ghobrial Legal (Applicant) Kemp Strang Lawyers (Respondent) File Number(s): 1510474

reasons for decision

Introduction 1. Ms Muller complained to the President of the Anti-Discrimination Board that her employer, Westpac Banking Corporation, had discriminated against her on the ground of sex. The President declined the complaint on the basis that it was lacking in substance: Anti-Discrimination Act 1977 (NSW), s 92(1)(a). When that happens, the complainant must apply to the Tribunal for permission or 'leave' for the complaint to go ahead: Anti-Discrimination Act, s 96. I have refused leave in this case because the complaint lacks substance and it would not be fair or just for it to proceed.