Prasad v Labourpower Recruitment Services

Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation:

Prasad v Labourpower Recruitment Services [2021] NSWCATAD 278

Hearing dates:

7 July 2021

Date of orders:

24 September 2021

Decision date:

24 September 2021

Jurisdiction:

Administrative and Equal Opportunity Division

Before:

C Mulvey, Senior Member

Decision:

1. Leave for the complaint against Labourpower Recruitment Services to proceed is refused.

2. Leave for the complaint against Cinqplast Plastop Australia Pty Ltd to proceed is refused.

Catchwords:

HUMAN RIGHTS — equal opportunity — whether leave required for complaint to proceed — principles applying to grant of leave

Legislation Cited:

Anti-Discrimination Act 1977 (NSW)

Cases Cited:

Ekermawi v Administrative Decisions Tribunal of New South Wales & Ors [2009] NSWSC 143

Jones & Anor v Ekermawi [2009] NSWCA 388

Category:

Principal judgment

Parties:

Neha Prasad - Applicant
Labourpower Recruitment Services – First Respondent
Cinqplast Plastop Australia Pty Ltd – Second Respondent

Representation:

Ms N Prasad – In person
Mr M Di-Blasio – First Respondent
Mr Powter – Second Respondent

File Number(s):

2021/157025

Publication restriction:

None

REASONS FOR DECISION

1. Ms Neha Prasad was employed by Labourpower Recruitment Services (the First Respondent) a labour hire company and had been working at Cinqplast Plastop Australia Pty Limited (the Second Respondent) since 26 September 2016. During her employment she met a person by the name of Mr Tabal, who she alleges made inappropriate comments to her and would touch her from behind. Ms Prasad was moved to another area within Cinqplast and had no contact with Mr Tabal. From about 31 October 2020 to 23 December 2020, after she was escorted off the Cinqplast site, she made allegations of intimidating behaviour by Mr Tabal.

2. On 13 January 2021, Ms Prasad was informed by Labourpower that her position at Cinqplast was no longer available.

3. On 13 January 2021, Ms Prasad says she spoke with an employee of Labourpower indicating that she wished to make a bullying and harassment complaint about Mr Tabal.

4. A formal complaint was lodged on 14 January 2021 in relation to the allegations made by Ms Prasad. Cinqplast hired an external investigator to investigate her complaint. The result of the investigation was that her claim was predominantly unsubstantiated.

5. On 3 March 2021, the President of Anti-Discrimination New South Wales (ADNSW) received a complaint from Ms Prasad alleging sexual harassment and victimisation in her employment.

6. The President’s delegate decided in relation to those complaints as follows:

7. To accept for investigation the complaint of victimisation against Labourpower for the period 13 January 2021 - 3 March 2021. The allegations relate to the termination of Ms Prasad’s contract.

8. To accept for investigation the complaint of victimisation against Cinqplast for the period 13 January 2021 - 3 March 2021. The allegations relate to the termination of the complainant’s contract.

9. To decline the allegations of sexual harassment that predate 3 March 2020 on the basis that the conduct occurred more than 12 months before the making of the complaint.

10. The President’s delegate invited Ms Prasad to provide further details of alleged…