Complainant 201922 v Barac (Discrimination)
Case
•
[2020] ACAT 37
•3 June 2020
Details
AGLC
Case
Decision Date
Complainant 201922 v Barac (Discrimination) [2020] ACAT 37
[2020] ACAT 37
3 June 2020
CaseChat Overview and Summary
The applicant, Complainant 201922, filed a complaint with the Administrative Appeals Tribunal against the respondent, Barac, alleging discrimination under the Anti-Discrimination Act 1991. The dispute centered around an incident where the applicant was allegedly subjected to discriminatory treatment, leading to a claim for compensation and other relief. The case was heard by the Administrative Appeals Tribunal.
The primary legal issue before the Tribunal was whether the respondent's actions constituted discrimination as defined by the Anti-Discrimination Act 1991. The applicant argued that the respondent's conduct was discriminatory and sought compensation for the harm suffered. The respondent denied the allegations and argued that the applicant's claims were unfounded.
The Tribunal found that the respondent's conduct did indeed amount to discrimination under the Act. The evidence presented by the applicant was deemed credible, and the Tribunal concluded that the respondent's actions were discriminatory. As a result, the Tribunal ordered the respondent to pay the applicant a refund, interest, and compensation as outlined in the orders. The respondent was also required to comply with the requirement for service under Rule 27 of the ACAT Procedure Rules 2020.
The primary legal issue before the Tribunal was whether the respondent's actions constituted discrimination as defined by the Anti-Discrimination Act 1991. The applicant argued that the respondent's conduct was discriminatory and sought compensation for the harm suffered. The respondent denied the allegations and argued that the applicant's claims were unfounded.
The Tribunal found that the respondent's conduct did indeed amount to discrimination under the Act. The evidence presented by the applicant was deemed credible, and the Tribunal concluded that the respondent's actions were discriminatory. As a result, the Tribunal ordered the respondent to pay the applicant a refund, interest, and compensation as outlined in the orders. The respondent was also required to comply with the requirement for service under Rule 27 of the ACAT Procedure Rules 2020.
Details
Key Legal Topics
Areas of Law
-
Administrative Law
-
Employment & Labour Law
Legal Concepts
-
Jurisdiction
-
Compensatory Damages
-
Unconscionable Conduct
Actions
Download as PDF
Download as Word Document
Most Recent Citation
Complainant DT232023 v The Australian Capital Territory (Represented BY Community Services Directorate) (Discrimination) [2024] ACAT 89
Cases Citing This Decision
6
Complainant DT232023 v The Australian Capital Territory (Represented BY Community Services Directorate) (Discrimination)
[2024] ACAT 89
Casino Canberra Limited v Kidman
[2022] ACAT 22
Cases Cited
9
Statutory Material Cited
0
Cooley v Australian National University
[2007] ACTDT 2
Police Service of New South Wales v Honeysett
[2001] NSWCA 452
Police Service of New South Wales v Honeysett
[2001] NSWCA 452