Bassili v Star City Pty Ltd

The applicant, Bassili, sought redress from the Civil and Administrative Tribunal of New South Wales against the respondent, Star City Pty Ltd, alleging unlawful dismissal and discrimination under the Anti-Discrimination Act 1977. The respondent, a casino operator, dismissed the applicant following an incident that resulted in the applicant being banned from the premises. The applicant claimed that the dismissal was discriminatory, as it was based on his race, which contravened the Act. The respondent argued that the dismissal was lawful and not discriminatory, as it was based on the applicant's conduct rather than his race.

The central issue before the Tribunal was whether the respondent's actions in dismissing the applicant constituted discrimination on the grounds of race, as defined by the Anti-Discrimination Act 1977. The Tribunal needed to determine if the respondent's decision to dismiss the applicant was based on an illegitimate reason, such as race, or if it was genuinely based on the applicant's conduct, which would have been a lawful reason for dismissal. The Tribunal also needed to consider whether the respondent's actions were reasonable and proportionate in the circumstances.

The Tribunal found that the respondent's decision to dismiss the applicant was not based on race but rather on the applicant's conduct. The evidence showed that the respondent had a legitimate reason for dismissing the applicant, as the applicant had engaged in disruptive and threatening behaviour on the premises. The Tribunal was satisfied that the respondent's decision to dismiss the applicant was not discriminatory and was based on the applicant's conduct. The Tribunal also found that the respondent's actions were reasonable and proportionate to the circumstances. Therefore, the complaint was dismissed under section 102 of the Anti-Discrimination Act 1977.

No further orders were made.