Cleary Bros (Bombo) Pty Ltd v Cvetkovski (EOD)

In the case of Cleary Bros (Bombo) Pty Ltd v Cvetkovski, the dispute involved allegations of race discrimination and victimisation in the workplace. The case was heard in the Australian courts. The plaintiff, Cvetkovski, brought the case against his former employer, Cleary Bros, alleging that he was subjected to discriminatory treatment and victimisation based on his race, which led to his resignation. The defendant, Cleary Bros, contested these allegations.

The legal issues the court had to address included whether the plaintiff was indeed subjected to race discrimination and victimisation in the workplace, and if so, whether the damages awarded to the plaintiff were justified. The court also had to consider whether the plaintiff's leave to appeal out of time was valid and whether the order for the defendant to pay the plaintiff's costs was appropriate.

The court found that the plaintiff was subjected to race discrimination and victimisation in the workplace, but the damages awarded were excessive. The court allowed the appeal to have been made within the time it was made, which was 28 days after the costs decision of 31 August 1999. The award of damages for economic loss was set aside, and the order of the Tribunal of 31 August 1999 was also set aside. Instead, the court ordered that each party to the inquiry shall pay their own costs of the inquiry.

In summary, the court found that the plaintiff was subjected to race discrimination and victimisation in the workplace, but the damages awarded were excessive. The court allowed the appeal to have been made within the time it was made, and set aside the award of damages and the order for the defendant to pay the plaintiff's costs. Each party to the inquiry shall pay their own costs of the inquiry.