El Kassir v Woolworths Group Limited

Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation:

El Kassir v Woolworths Group Limited [2025] NSWCATAD 14

Hearing dates:

2 October 2024, 6 November 2024

Date of orders:

14 January 2025

Decision date:

14 January 2025

Jurisdiction:

Administrative and Equal Opportunity Division

Before:

D Dinnen, Senior Member

Decision:

Leave is refused under s 96(1) of the Anti-Discrimination Act 1977 (NSW) for the Applicant’s complaint to proceed.

Catchwords:

HUMAN RIGHTS — discrimination — equal opportunity — leave required for complaint to proceed — principles applying to grant of leave

Legislation Cited:

Anti-Discrimination Act 1977

Cases Cited:

Chalker v Murrays Australia Pty Ltd [2016] NSWCATAD 282

Ekermawi v Administrative Decisions Tribunal of New South Wales [2009] NSWSC 143

Jones v Ekermawi [2009] NSWCA 388

Langley v Niland [1981] 2 NSWLR 104

Munt v Workers Compensation Independent Review Officer [2020] NSWCATAD 156

Prakash v Bobb Borg Enterprises Pty Ltd [1999] NSWADT 73

Spence v Roberts (No 2) [2006] NSWADT 361

Texts Cited:

None

Category:

Procedural rulings

Parties:

Hani El Kassir (Applicant)
Woolworths Group Limited (Respondent)

Representation:

Solicitors:
Applicant (Self Represented)
D Hawkes (Woolworths Group Limited) (Respondent)

File Number(s):

2024/00297064

Publication restriction:

None

REASONS FOR DECISION

Background

1. Hani El Kassir (the Applicant), also known as Saamer El Ali, was banned from all Woolworths stores, Big W and BWS stores following an incident at Woolworths Lakemba on 19 July 2022. The banning notice was issued for “shoplifting or theft”, “abuse or aggressive behaviour” and “threatening or harassing behaviour”, for the period “until revoked in writing by the Woolworths Group National investigations/Asset protection Manager” and was co-signed by the NSW Police.

2. On 23 February 2023 the Applicant attended the Woolworths Bankstown store and got into an altercation with the security guards there. A further banning notice for all Woolworths and Big W stores was issued for “breach of conditions of entry”, “shoplifting or theft”, “abuse or aggressive behaviour” and “threatening or harassing behaviour”, for the period “until revoked in writing by the Woolworths Group National investigations/Asset protection Manager” and was co-signed by the NSW Police.

3. On or around 30 January 2024 the Applicant requested a review of the banning order from Woolworths Group Limited (the Respondent) by submitting an online feedback form, which stated:

On 23 February 2023 I was banned from the Woolworths Bankstown store due to an alleged shoplifting incident. A covert loss prevention officer named “Omar El Basha” (who I believe works at Woolworths Bankstown through a 3rd party security company named Capital Asset Protection Group) had me sign a trespass notice which prohibits me from entering Woolworths Bankstown for a period of one year. Please advise the process for revoking this trespass notice so that I am free to return to shopping at Woolworths Bankstown should I wish to do so.

Please note due to legal purposes I require a response from you in writing.

4. On 20 February 2024 the Applicant spoke to the Respondent’s Customer Service by telephone. On 24 February 2024 the Applicant emailed an apology letter to…