ROGALSKI v PMP Print Pty Ltd

In the matter of *Rogalski v PMP Print Pty Ltd*, the applicant, Mr Rogalski, brought proceedings against the respondent, PMP Print Pty Ltd, in the Federal Court of Australia. The dispute concerned allegations of unlawful discrimination and harassment in the workplace.

The primary legal issues before the Court were whether PMP Print Pty Ltd had engaged in unlawful discrimination against Mr Rogalski under the *Racial Discrimination Act 1975* (Cth) and whether the respondent had subjected the applicant to unlawful harassment. The Court was required to determine if the conduct complained of constituted racial discrimination and/or harassment, and if so, whether the respondent was vicariously liable for the actions of its employees.

Judge Riethmuller found that while some of the conduct complained of by Mr Rogalski was offensive and inappropriate, it did not meet the legal threshold for unlawful racial discrimination or harassment as defined by the *Racial Discrimination Act 1975*. The Court considered the specific nature of the alleged incidents and the intent behind them, concluding that the evidence did not establish that the treatment was based on race or that it created a hostile environment in the manner contemplated by the legislation. The Court also considered the respondent's actions in addressing the complaints made by the applicant.

The Court therefore dismissed the applicant's claim.