Bahonko v Nurses Board of Victoria (No 4)

The case of Bahonko v Nurses Board of Victoria (No 4) concerns an application by Ms Bahonko seeking leave to file a proceeding out of time against the Nurses Board of Victoria. The Federal Court was required to determine whether Ms Bahonko should be granted leave to file her application outside the statutory time limit, as well as several other motions. Ms Bahonko alleged that she faced discrimination and harassment in her workplace, leading to her dismissal from her position at Moorfields Aged Care facility. She also claimed that her dismissal was a result of her protected characteristics, including her race and disability. The court had to consider whether Ms Bahonko's claims were within its jurisdiction and whether the additional material provided by Ms Bahonko could assist in demonstrating a pattern of discriminatory behaviour.

The court found that Ms Bahonko's claims regarding discrimination based on political opinions and religious beliefs were not within the jurisdiction of the Federal Court in this proceeding. However, the court found that the claims based on descent and ethnic origin were within its jurisdiction and should be considered on their merits. The court rejected the argument that the additional material provided by Ms Bahonko should be struck out as it may assist in demonstrating a pattern of discriminatory behaviour. The court also found that it did not have jurisdiction to hear a matter arising under the Equal Opportunity Act 1995 (Vic) as Ms Bahonko had not filed a complaint with the relevant Commission or sought a review by VCAT.

The court dismissed Ms Bahonko's motions and denied her application for leave to file her proceeding out of time. The court found that Ms Bahonko had not provided sufficient justification for the delay in filing her application, and that granting leave would not be in the interests of justice. The court also found that the respondents had not acted unreasonably in their decision to terminate the complaint, and that the decisions of the Nurses Board of Victoria were not subject to review by the Federal Court.