Lincoln v Warren Shire Council [2020] NSWCATAD 240

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Lincoln v Warren Shire Council [2020] NSWCATAD 240 Hearing dates: 11 September 2020 Date of orders: 29 September 2020 Decision date: 29 September 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: C A Ludlow, Senior Member Decision: Leave to proceed with the complaint is refused. Catchwords: EQUAL OPPORTUNITY - application for leave to proceed with complaint – age discrimination in employment – complainant not offered interview Legislation Cited: Anti-Discrimination Act 1977 (NSW) Cases Cited: Dutt v Central Coast Area Health Service [2002] NSWADT 133 Ekermawi v Administrative Decisions Tribunal of New South Wales & Ors [2009] NSWSC 143 Purvis v State of New South Wales [2003] HCA 62; (2003) 217 CLR 92 Seltsam Pty Ltd v McGuiness [2000] NSWCA 29; (2000) 49 NSWLR 262. Texts Cited: None cited Category: Procedural and other rulings Parties: S Lincoln (Applicant) Warren Shire Council (Respondent) Representation: Solicitors: Applicant (Self Represented) Sean D'almada-Remedios (Respondent) File Number(s): 2020/00223815 Publication restriction: Nil

REASONS FOR DECISION

Background 1. Mr Lincoln, the applicant in these proceedings, seeks the leave of the Tribunal to proceed with a complaint under s 96 of the Anti-Discrimination Act 1977 (the AD Act). On 5 July 2019 the President of the Anti-Discrimination Board of NSW received a complaint under the AD Act from Mr Lincoln against the respondent, the Warren Shire Council. The applicant alleged that he was discriminated against on the ground of his age in relation to his applications for the job of Workshop Coordinator with the respondent. 2. The President declined the complaint on the basis that it was lacking in substance. 3. The applicant requested that the complaint be referred to this Tribunal under s 93A of the AD Act.