Abdulla v Berkeley on Hindley Street P/L

Abdulla lodged a complaint with the Equal Opportunity Commission alleging that he was refused entry to the respondent's hotel on Hindley Street because of his race, in breach of the Equal Opportunity Act 1984 (SA). The respondent argued that the complaint was fabricated and, if not, that it was not vicariously liable for the employee's conduct because it had exercised all reasonable diligence to prevent the employee from contravening the Act. The matter was referred to the South Australian District Court for determination. The primary legal issue for the court to resolve was whether the respondent had discriminated against the complainant on the ground of his race, and if so, whether the respondent was vicariously liable for the discriminatory conduct of its employee.

The court held that the complainant's evidence was credible and that the respondent had discriminated against him on the ground of his race. The court found that the refusal to allow the complainant entry to the hotel because of his Aboriginality constituted a refusal of a service to which he applied on the ground of race, which was a breach of the Act. The court also held that the respondent was vicariously liable for the discriminatory conduct of its employee because it had not exercised all reasonable diligence to prevent the employee from contravening the Act. The court found that the respondent's failure to adequately train and supervise its employees in relation to the Act amounted to a failure to exercise all reasonable diligence.

The court ordered the respondent to pay the complainant damages in the sum of $5,000, to publish an apology in a local newspaper, and to provide training to its employees in relation to the Act. The court also ordered the respondent to pay the complainant's costs of the proceedings.