Kumar v Point of Care Diagnostics Pty Ltd

Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation:

Kumar v Point of Care Diagnostics Pty Ltd [2020] NSWCATAD 312

Hearing dates:

18 November 2020

Date of orders:

14 December 2020

Decision date:

14 December 2020

Jurisdiction:

Administrative and Equal Opportunity Division

Before:

C Ludlow, Senior Member

Decision:

(1) The complaint is amended:

(a) To extend the period covered by the complaint of discrimination in employment on the ground of race, under sections 7 and 8 of the Anti-Discrimination Act 1977, to between 1 March 2017 and 15 June 2020; and

(b) To add a complaint that Mr Alex Cross and Mr Rupert Haines breached s 52 of the Anti-Discrimination Act by permitting unlawful conduct between 1 March 2017 and 15 June 2020.

(2) Mr Rupert Haines and Mr Alex Cross are joined as respondents to the proceedings for the purposes of the complaint in 1(b) only.

(3) The application to amend the complaint by adding a complaint of racial vilification is refused.

(4) The proceedings are referred to the Registry to be listed for directions.

Catchwords:

HUMAN RIGHTS – discrimination – context - in employment

HUMAN RIGHTS – discrimination – grounds – racial discrimination

HUMAN RIGHTS – victimisation

HUMAN RIGHTS – racial vilification

CIVIL PROCEDURE – Parties – joinder

CIVIL PROCEDURE – originating process - amendment

Legislation Cited:

Anti-Discrimination Act 1977 (NSW)

Civil and Administrative Tribunal Act 2013 (NSW)

Cases Cited:

Dixon v RNJ Sicame Pty Ltd [2002] NSWADT 154

Dutt v Central Coast Area Health Service [2002] NSWADT 133

Ekermawi v Commissioner of Police, NSW Police Force [2019] NSWCATAD 79

Goldsteen v TCI Bondi Junction Pty Ltd [2018] NSWCATAD 135

Hanratty v Kempsey Shire Council [2002] NSWADT 232

Jones v Trad [2013] NSWCA 389

Seltsam Pty Ltd v McGuiness [2000] NSWCA 29; (2000) 49 NSWLR 262

Thompson v Rail Corporation NSW [2008] NSWADT 329

Zhang v Blinds Pty Ltd t/as Blinds by Peter Meyer [2008] NSWADTAP 24

Texts Cited:

None cited

Category:

Procedural and other rulings

Parties:

Anup Kumar (Applicant)
Point of Care Diagnostics (Respondent)

Representation:

Solicitors:
Connect Legal (Applicant)
Respondent (Self Represented)

File Number(s):

2020/00329895

Publication restriction:

Nil

REASONS FOR DECISION

1. On 16 October 2020 the President of the Anti-Discrimination Board referred a complaint by the applicant, Mr Anup Kumar, to this Tribunal under s 93C(b) of the Anti-Discrimination Act 1977 (the AD Act).

2. The complaint as referred was a complaint of discrimination in employment on the ground of race against the respondent, Point of Care Diagnostics Pty Ltd (POCD), under ss 7, 8 and 53 of the AD Act covering a period between 2 August 2019 and 2 June 2020.

3. The applicant is of Indian-Fijian descent and was born in Fiji.

4. The applicant seeks to amend his complaint. The amendments sought are:

1. Extending the period to which the complaint of racial discrimination in employment applies to the period between November 2016 and 15 June 2020.

2. Adding a complaint of victimisation by POCD contrary to s 50(1) of the AD Act covering conduct from June…