Cavar v Uniting (NSW ACT) [2020] NSWCATAD 82

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Cavar v Uniting (NSW ACT) [2020] NSWCATAD 82 Hearing dates: 5 February 2020 Date of orders: 13 March 2020 Decision date: 13 March 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: C Ludlow, Senior Member Decision: (1) Leave for the applicant's complaint of age and race discrimination to proceed is refused. Catchwords: EQUAL OPPORTUNITY – leave to proceed - principles applying to grant of leave – age and race discrimination in employment – causation – inferences Legislation Cited: None cited Cases Cited: Chi v Technical and Further Education Commission (EOD) [2010] NSWADTAP 67 Ekermawi v Administrative Decisions Tribunal of New South Wales & Ors [2009] NSWSC 143 Prakash v Bobb Borg Enterprises Pty Ltd [1999] NSWADT 73 Texts Cited: None cited Category: Procedural and other rulings Parties: Celia Cavar (Applicant) Uniting (NSW ACT) (Respondent) Representation: Solicitors: Applicant (Self Represented) Hillard & Berry Solicitors (Respondent) File Number(s): 2020/00028919 Publication restriction: Nil

REASONS FOR DECISION 1. The applicant in these proceedings seeks the leave of the Tribunal to proceed with her complaint under s 96 of the Anti-Discrimination Act 1977 (the AD Act). On 7 February 2019 the President of the Anti-Discrimination Board of NSW received a complaint under the AD Act from the applicant against the respondent, Uniting (NSW ACT). The applicant alleged that she was discriminated against on the basis of her race and age in in the arrangements the respondent made for determining who should be offered employment and in determining who should be offered employment. 2. The President declined the complaint as lacking in substance under s 92 of the AD Act. On 18 December 2019 the applicant requested that the complaint be referred to this Tribunal under s 93A of the AD Act.