Kidman v Casino Canberra Ltd ACN 051 204 114

Kidman brought proceedings against Casino Canberra Ltd, alleging that he was subjected to unfavourable treatment in his employment due to his participation in industrial activities, in breach of the Discrimination Act 1991. The case was heard and determined by the Australian Civil Appeals Tribunal. The primary issue before the Tribunal was whether the applicant had indeed been treated unfavourably by the respondent, and if so, whether such treatment was on the basis of his involvement in industrial activities. Additionally, the Tribunal examined whether the applicant had contravened any rules outlined in the employee handbook or code of conduct, which the respondent argued could potentially justify the treatment in question.

The Tribunal found that the respondent had subjected the applicant to unfavourable treatment in his employment because of his industrial activity, which contravened section 10(2) of the Discrimination Act 1991. The Tribunal rejected the respondent’s contention that the applicant’s actions breached the employee handbook or code of conduct, as there was no evidence to support this claim. Furthermore, the Tribunal held that the respondent was responsible for causing an unreasonable delay and obstruction in the proceedings, leading to a costs order being made against them.

In its decision, the Tribunal ordered the respondent to display a copy of the orders on all employee notice boards within the Casino premises for a period of 14 days from receipt of these orders. The respondent was also ordered to pay the applicant general damages in the amount of $4,000, as well as legal costs in the amount of $4,620, both to be paid within 14 days from the date of these orders. The Tribunal's decision underscores the importance of adhering to anti-discrimination laws and the potential consequences of contravening these laws.