Moreira v Peter Robert Motors Pty Limited

The Anti-Discrimination Board of New South Wales heard a complaint from Nestor and Varina Moreira, who alleged that they were subjected to racial discrimination by Peter Robert Motors Pty Limited (PRM) when they sought to purchase a car. The complainants, who are of Portuguese heritage, claimed that they were treated less favourably than other customers and subjected to racial taunts by a PRM employee. PRM denied the allegations and argued that the complainants were not treated differently and that the employee's conduct was not racially motivated. The Board was required to determine whether the complainants had been subjected to racial discrimination by PRM and, if so, what remedies were appropriate. In reaching its decision, the Board considered the evidence presented by both parties and the relevant legal principles. It found that the complainants had been subjected to racial discrimination by PRM in breach of the NSW Anti-Discrimination Act. The Board found that the employee's conduct was motivated by the complainants' race and that PRM had failed to take reasonable steps to prevent the discrimination. As a result, the Board ordered PRM to pay damages to the complainants and to take steps to prevent future discrimination. The Board found that the appropriate amount of damages was $4000.00 to the first complainant and $2000.00 to the second complainant. The Board also ordered PRM to publish its decision and to take steps to prevent future discrimination, including providing training to its employees on cultural diversity and implementing policies to prevent racial discrimination.