NSW Caselaw
Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Peng v NSW Health Pathology [2017] NSWCATAD 288 Hearing dates: 15 August 2017 Date of orders: 28 September 2017 Decision date: 28 September 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: Hennessy LCM, Deputy President Decision: 1. Leave is granted for Mr Peng to be represented by an agent, Ms Collins. 2. Leave is granted for the applicant's complaint of disability discrimination to proceed. Catchwords: HUMAN RIGHTS – disability discrimination in employment – where President of the Anti-Discrimination Board has declined a complaint of disability discrimination in employment as lacking in substance – where employer relies on unjustifiable hardship exception – whether it is fair and just for leave to be given for complaint to proceed Legislation Cited: Anti-Discrimination Act 1977 (NSW), s 49B, s 49C, s 49D, s 92, s 96, s 104 Cases Cited: Ekermawi v Administrative Decisions Tribunal of New South Wales [2009] NSWSC 143 Laycock v Commissioner of Police, NSW Police [2006] NSWADT 261 Moxon (No 2) v Westbus Pty Ltd [2002] NSWADTAP 24 Pop v Taylor [2015] FCCA 1720 Category: Procedural and other rulings Parties: Wei Xian Peng (Applicant) NSW Health Pathology (Respondent) Representation: J Gautray (NSW Health Pathology) (Respondent) V Hiley (NSW Health Pathology) (Respondent)
F Collins (agent for Applicant) File Number(s): 2017/00194166 Publication restriction: Nil
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