PR v Metro Coach (Aust) Pty Ltd and Ors - [2011] QCAT 421

CITATION:

PR v Metro Coach (Aust) Pty Ltd and Ors [2011] QCAT 421

PARTIES:	PR (Applicant)
v
Metro Coach (Aust) Pty Ltd Dr Des Williamson Ms Bronwyn Francis Mr Stanley Hill Mr Steven Saward (Respondents)

APPLICATION NUMBER:

ADL042-10

MATTER TYPE:

Anti-discrimination matters

HEARING DATE:

22 to 23 March 2011 and 11 August 2011

HEARD AT:

Brisbane

DECISION OF:

Ms Williams, Member

DELIVERED ON:

7 September 2011

DELIVERED AT:

Brisbane

ORDERS MADE:

1. The applicant’s claim is dismissed;

2. The parties bear their own costs.

CATCHWORDS:

Anti-Discrimination – Racial Discrimination – Racial Vilification – Vicarious liability of employer for alleged contravention by employees or agents – Where applicant claims contravention of Anti-Discrimination Act 1991 (Qld) in the workplace – Where applicant claims damages for pain and suffering in addition to economic loss – Where respondents claim costs against applicant

APPEARANCES and REPRESENTATION (if any):

APPLICANT:	PR
RESPONDENT:	Dr Des Williamson on his own behalf and on behalf of Metro Coach (Aust) Pty Ltd Ms Bronwyn Francis Mr Stanley Hill Mr Steven Saward

CONFIDENTIALITY

Aspects of the applicant’s medical history are discussed herein, causing the Tribunal’s Reasons to be de-identified.

REASONS FOR DECISION

Introduction

Particulars of the Complaint

PR is of Sri Lankan descent and speaks English with an accent. He alleges the respondents Francis, Hill and Saward treated him less favourably than persons not of Sri Lankan descent and such unlawful discrimination occurred in the work place.
Further or in the alternative, PR alleges the respondents racially vilified him by inciting hatred and severe ridicule. Consequently the applicant believes the respondent company, Metro Coach (Aust) Pty Ltd is vicariously liable for these alleged acts of racial discrimination by its employees.
The applicant further claims Dr Des Williamson, Director of the respondent company, vilified him on the grounds of race by publicly inciting hatred towards and severe ridicule of PR because of his race.
The applicant sought $8,000 for pain and suffering, in addition to $40,000 for economic loss arising from the unlawful discrimination and vilification.
In preparation for hearing the matter was listed for a Compulsory Conference and Directions Hearing. Orders were made requiring the filing of evidence, including witness statements, prior to hearing.
The matter was heard over three (3) days, 22 to 23 March and 11 August 2011. The respondents appeared in person with leave granted to the applicant to appear by telephone on the first and second days. Throughout the duration of the hearing, the parties were self represented and the applicant had the assistance of an interpreter.

Legislation

The Anti-Discrimination Act 1991 (Qld) (the ‘Act’) prohibits the unfavourable treatment[1] of a person in the workplace[2] on the basis of their race.[3]
[1] See section 10 for the meaning of direct discrimination.
[2] See Division 2, Subdivision 1 for prohibitions in work and work-related areas.
[3] See section 7 for list of attributes discrimination is prohibited.
The Act also prohibits racial vilification and states it is unlawful for a person by a public act, to incite hatred towards,…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2011] QCAT 421
Decision Date: 7 September 2011

CaseChat Overview and Summary

The applicant, PR, brought a claim against Metro Coach (Aust) Pty Ltd and others in the Queensland Civil and Administrative Tribunal (QCAT), alleging racial discrimination and vilification in the workplace. PR sought damages for pain and suffering as well as economic loss due to the conduct of the respondents, who were PR's employers and their employees. The respondents denied the allegations and claimed that the applicant should bear the costs of the proceedings.

The central legal issues in the case involved whether the conduct of the respondents amounted to racial discrimination and vilification under the Anti-Discrimination Act 1991 (Qld). Furthermore, the court had to determine whether the employer could be held vicariously liable for the actions of the employees, and if PR was entitled to the claimed damages. The respondents argued that the applicant had not demonstrated a prima facie case of racial discrimination and that, even if established, the applicant was not entitled to the damages claimed. The respondents also sought an order for PR to bear the costs of the proceedings.

In its decision, QCAT found that PR had not successfully established a case of racial discrimination or vilification. The tribunal considered the evidence and concluded that the actions of the respondents did not meet the statutory definitions of racial discrimination or vilification. Additionally, the tribunal found that PR was not entitled to the damages claimed for pain and suffering, as the evidence did not support such a claim. As a result, PR's claim was dismissed, and the tribunal ordered that each party bear their own costs.

PR's claim for damages for racial discrimination and vilification was dismissed, and the tribunal ordered that each party bear their own costs. This decision underscores the importance of substantiating claims of racial discrimination and vilification under the Anti-Discrimination Act 1991 (Qld) and highlights the threshold requirements for such claims.

Orders

Orders of the court

1. The applicant’s claim is dismissed;

2. The parties bear their own costs.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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