McEwan v 365 Site Services Pty Ltd [2016] NSWCATAD 310

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: McEwan v 365 Site Services Pty Ltd [2016] NSWCATAD 310 Hearing dates: 7 December 2016 Date of orders: 23 December 2016 Decision date: 23 December 2016 Jurisdiction: Administrative and Equal Opportunity Division Before: Hennessy LCM, Deputy President Decision: Mr McEwan's application for an interim order prohibiting 365 Site Services Pty Ltd from terminating his employment pending further order of the Tribunal, is refused. Catchwords: HUMAN RIGHTS – interim order – prima facie case – balance of convenience – complaints of victimisation and discrimination on ground of responsibilities as a carer - where employer suspended employee on full pay pending consideration of disciplinary action Legislation Cited: Anti-Discrimination Act 1977 (NSW), ss 49S, 49T, 49V, 50, 104, 105 and 108 Cases Cited: Allders International Pty Ltd v Anstee (1986) 5 NSWLR 47 Australian Broadcasting Commission v O'Neill (2006) 227 CLR 57; [2006] HCA 46 Australian Broadcasting Corporation v Lenah Game Meats Pty Ltd [2001] HCA 63 Beecham Group Ltd v Bristol Laboratories Pty Ltd (1968) 118 CLR 618 Cardile v LED Builders Pty Ltd [1999] HCA 18 Texts Cited: Neil Rees, Simon Rice, Dominique Allen, Australian Anti-Discrimination Law, (2nd ed 2014, Federation Press) Category: Procedural and other rulings Parties: Benjamin McEwan (Applicant) 365 Site Services Pty Ltd (Respondent) Representation: Counsel: C Magee (Respondent)