Cavar v Coles Supermarkets (Australia) Pty Ltd [2020] NSWCATAD 83

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Cavar v Coles Supermarkets (Australia) Pty Ltd [2020] NSWCATAD 83 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 discrimination to proceed is refused. Catchwords: EQUAL OPPORTUNITY – leave to proceed - principles applying to grant of leave – race and age discrimination in employment – causation Legislation Cited: Anti-Discrimination Act 1977 (NSW) Cases Cited: Ekermawi v Administrative Decisions Tribunal of New South Wales & Ors [2009] NSWSC 143 Nicholls and Nicholls v Director General, Department of Education and Training (No 2) [2009] NSWADTAP 20 Prakash v Bobb Borg Enterprises Pty Ltd [1999] NSWADT 73 Texts Cited: None cited Category: Procedural and other rulings Parties: Celia Cavar (Applicant) Coles Supermarkets (Australia) Pty Ltd (Respondent) Representation: Solicitors: Applicant (Self represented) Coles Supermarkets (Australia) Pty Ltd (Respondent) File Number(s): 2019/400643 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, Coles Supermarkets (Australia) Pty Ltd. The applicant alleged that she was discriminated against on the basis of her race and her age in the terms on which she was offered employment. 2. The President declined the complaint as lacking in substance under s 92 of the AD Act. On 11 November 2019 the applicant requested that the complaint be referred to this Tribunal under s 93A of the AD Act.