DT 152023 v AB & Anor (Discrimination)

DT 152023 brought an application against AB and another party before the Tribunal, alleging discrimination based on their race and gender. The applicant sought remedies including compensation for the alleged discrimination, as well as declarations regarding the unlawfulness of the conduct. The Tribunal was tasked with determining whether the allegations of discrimination were substantiated and, if so, what remedies should be ordered.

The primary legal issues before the Tribunal were whether the applicant had established the elements of race and gender discrimination under the relevant legislation. This required the Tribunal to assess the evidence presented by the applicant and the respondents, and to determine whether the applicant had been treated less favourably than others in similar circumstances because of their race and gender. The Tribunal also needed to consider whether any alleged discriminatory conduct was justified under the law.

The Tribunal found that the applicant had not provided sufficient evidence to substantiate the claims of race and gender discrimination. It was determined that the applicant's treatment did not meet the threshold for discrimination as defined by the legislation. The Tribunal concluded that the applicant had not demonstrated that they were treated less favourably than others in comparable situations on the basis of their race or gender. Consequently, the application was dismissed. The Tribunal did not order any declarations or compensation as the applicant's claims were not substantiated.