Laurent v Commissioner of Police

Case

[2009] WASAT 254

23 DECEMBER 2009


Details
AGLC Case Decision Date
Laurent v Commissioner of Police [2009] WASAT 254 [2009] WASAT 254 23 DECEMBER 2009

CaseChat Overview and Summary

In the case of Laurent v Commissioner of Police, the applicant alleged that he had been subjected to discrimination on the grounds of impairment and victimisation by the respondents, who were the Commissioner of Police and the Police Service. The applicant claimed that his employment had been terminated because he had complained about being discriminated against on the basis of his impairment. The matter was heard in the Federal Magistrates Court. The primary issue before the court was whether the applicant's proceedings were misconceived or lacked substance, and whether they should be struck out or dismissed. The court was required to determine if there was a causative link between the applicant's termination of employment and his complaint about discrimination. The court held that the applicant's claim was misconceived and lacking in substance because there was no causative link between the applicant's termination of employment and his complaint about discrimination. The court found that the applicant's termination was due to other reasons unrelated to his complaint about discrimination. The court further held that the application to strike out or dismiss the proceedings was well-founded and that the proceedings should be dismissed. The final order of the court was that the respondents' application under section 47(1)(a) was upheld, and the proceeding EOA 73 of 2007 was dismissed.
Details

Areas of Law

  • Employment & Labour Law

Legal Concepts

  • Discrimination

  • Victimisation

  • Causation

  • Appeal

  • Costs