Harrington v Corrective Services New South Wales, Department of Justice

In Harrington v Corrective Services New South Wales, Department of Justice, the applicant, Mr Harrington, brought a complaint against the Department of Corrective Services New South Wales alleging disability discrimination. The case was heard by the Civil and Administrative Tribunal (CAT) of New South Wales. Mr Harrington claimed that his disability, along with other factors, led to direct discrimination, indirect discrimination, and victimisation in his employment. The respondent, Corrective Services New South Wales, applied for the complaint to be dismissed, arguing it was lacking in substance and wanted to be prosecuted.

The primary legal issues the tribunal had to address were whether the complaint was frivolous or vexatious and whether it was lacking in substance. These issues were crucial in determining whether the application for dismissal should be granted under section 55 of the Civil and Administrative Tribunal Act 2013. The tribunal also needed to assess whether the complaint disclosed a reasonable possibility of success.

The tribunal found that the complaint was lacking in substance, as it failed to adequately substantiate the claims of discrimination and victimisation. The tribunal noted that the evidence provided by Mr Harrington did not sufficiently support the allegations, and there was no reasonable possibility that the claims would succeed. As such, the tribunal allowed the respondent's application in part and dismissed the complaint in its entirety. The tribunal determined that the complaint was not only lacking in substance but also wanted to be prosecuted.