Ahamed v Coles Supermarkets Australia Pty Ltd

Ahamed brought proceedings in the Equal Opportunity Tribunal against Coles Supermarkets, alleging discrimination on the basis of race or skin colour. The case was heard by a tribunal member who dismissed the complaint. Ahamed sought to appeal the tribunal’s decision to the Supreme Court on the basis of alleged errors of law and fact, including errors in the tribunal member’s handling of the proceedings, and in the tribunal member’s findings of fact. Coles applied to dismiss the appeal on the basis that it had no reasonable prospect of success. The Supreme Court dismissed the appeal, finding that there were no arguable grounds for appeal.

The court considered whether there were any arguable grounds for appeal in relation to the tribunal member’s handling of the proceedings, including whether Ahamed was denied procedural fairness. The court found that there was no basis for concluding that the tribunal member had denied Ahamed procedural fairness, as the tribunal member had allowed Ahamed to speak throughout the hearing and had given Ahamed the opportunity to call witnesses and present evidence. The court also considered whether there were any arguable grounds for appeal in relation to the tribunal member’s findings of fact, including whether the tribunal member had erred in finding that Ahamed had been treated politely and calmly by Coles’ employees. The court found that there was no basis for concluding that the tribunal member had erred in finding that Ahamed had been treated politely and calmly, as the evidence showed that Ahamed had been treated politely and calmly by Coles’ employees.

The court dismissed the appeal, finding that there were no arguable grounds for appeal. The court noted that the tribunal member had considered all of the evidence and had made findings of fact that were open to her on the evidence. The court also noted that the tribunal member had not made any errors of law in her handling of the proceedings.

The court made no orders as to costs.