Bell v Islam

[2016] QCAT 520

CITATION:

Bell v Islam & anor [2016] QCAT 520

PARTIES:

Andrew Bell
(Applicant)

v

Nazrul Islam
Saleem Zee

(Respondents)

APPLICATION NUMBER:

ADL081-16

MATTER TYPE:

Anti-discrimination matters

HEARING DATE:

2 December 2016

HEARD AT:

Brisbane

DECISION OF:

Acting Senior Member Paratz

DELIVERED ON:

2 December 2016

DELIVERED AT:

Brisbane

ORDERS MADE:

1.   Mr Nazrul Islam and Mr Saleem Islam, being the owners or employees of the business known as ‘The Spice Avenue Balti Restaurant’ at Birkdale in the state of Queensland will do the following:

a)    Make an apology to Andrew Bell for any loss or damage caused to him by an incident which occurred on 24 June 2016 in terms as attached to this order within 30 days of this order.

b)    Publish on the ‘Spice Avenue’ Facebook page, and not remove, an apology in similar terms within 30 days of this order.

c)    Ensure that all staff are trained as to the provisions of Queensland legislation as to hearing assistance dogs being allowed to access to restaurants.

d)    Place a notice, within 30 days of this order, in a conspicuous place in the restaurant, visible to the public, that no dogs are allowed in the restaurant due to health regulations except recognised assistance dogs.

e)    Make a donation to the “Lions” hearing dog programme in the amount of ($750)

seven hundred and fifty dollars within 30 days of this order and provide a copy of a receipt for such donation to Andrew Bell promptly thereafter.

2.   Mr Andrew Bell will publish, and not remove, on the ‘Spice Avenue’ Facebook page, within 30 days of this order, an acknowledgment that the incident of 24 June 3016 was unfortunate, and that Mr Nazrul Islam and Mr Saleem Islam did not knowingly breach any provision as to access of a hearing assistance dog.

3. These orders are to be published as a final decision in the proceedings without reasons, pursuant to section 125 of the Queensland Civil and Administrative Tribunal Act 2009.

ATTACHMENT TO ORDER 2 DECEMBER 2016

Mr Nazrul Islam and Mr Saleem Islam apologise to Andrew Bell for any embarrassment, hurt or upset caused to him by an incident on 24 June 2016 when he intended to dine at the Spice Avenue Balti Restaurant accompanied by his hearing assistance dog.

CATCHWORDS:

ANTI-DISCRIMINATION – Where a claim was brought by a person with a Hearing Assistance Dog – where entry to a restaurant with a hearing assistance dog was queried by the restaurant owner and/or staff – where an apology was made by the Respondents, with an acknowledgment made by the Applicant that the Respondents did not knowingly breach any provisions as to access of a hearing assistance dog – where consent orders were made, to be published

APPEARANCES:

APPLICANT:

Slater and Gordon, Lawyers

RESPONDENT:

Aitken Whyte, Lawyers

REASONS FOR DECISION

1. These Orders are made by Consent, and this decision is published without reasons pursuant to section 125 Queensland Civil and Administrative Tribunal Act (Qld) 2009.