Dezfouli v Justice Health and Forensic Mental Health Network

Mr Dezfouli brought a complaint to the Anti-Discrimination Board alleging sex discrimination by the Justice Health and Forensic Mental Health Network. The dispute centered around whether the respondent discriminated against him on the grounds of sex when it ordered takeaway food for him and a female colleague in different ways. The case was heard by the Supreme Court of New South Wales.

The court needed to decide whether the Tribunal was required to consider new evidence provided after the hearing when there was no invitation by the Tribunal to provide or make submissions about that evidence. Additionally, the court needed to determine if there was a direct discrimination on the grounds of sex.

The court found that the Tribunal was not obliged to consider new evidence provided after the hearing without an invitation to do so. The court also concluded that there was no direct discrimination on the grounds of sex because the respondent's actions were not based on Mr Dezfouli's sex but rather on the availability of food options at the time. Therefore, the complaint was dismissed.

The court ordered that the complaint lodged by Mr Dezfouli with the President of the Anti-Discrimination Board on 28 April 2014, as well as the part of the complaint lodged on 9 January 2014 in relation to the ordering of takeaway food, be dismissed.