Saravi v Nine Entertainment Co Pty Ltd

Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation:

Saravi v Nine Entertainment Co Pty Ltd [2024] NSWCATAD 207

Hearing dates:

29 and 30 April 2024

Date of orders:

25 July 2024

Decision date:

25 July 2024

Jurisdiction:

Administrative and Equal Opportunity Division

Before:

L Andelman, Senior Member
K Stubbs, General Member

Decision:

The application is dismissed.

Catchwords:

HUMAN RIGHTS – discrimination – on the ground of a person’s race – employment - direct discrimination – indirect discrimination

Legislation Cited:

Anti-Discrimination Act 1977

Cases Cited:

Purvis v New South Wales [2003] HCA 62; 217 CLR 92

Secretary, Department of Foreign Affairs and Trade v Styles (1989) 23 FCR 251

Category:

Principal judgment

Parties:

Mark Saravi (Applicant)
Nine Entertainment Co Pty Ltd (Respondent)

Representation:

Counsel:
M Cobb-Clark (Respondent)

Solicitors:
Applicant (Self-represented)
Thomson Geer (Respondent)

File Number(s):

2023/00190290

Publication restriction:

N/A

REASONS FOR DECISION

1. Mr Mark Saravi, (“Mr Saravi” or “the applicant”) in these proceedings, claimed that Nine Entertainment Co Pty Ltd (“Nine” or “the respondent”) contravened the Anti-Discrimination Act1977 (NSW) (“the Act”) by subjecting him to detriment within the meaning of s8(2)(c) of the Act from June 2022 until 18 December 2022.

2. Mr Saravi’s allegations were that Nine failed to properly investigate his allegations of bullying, failed to stop the bullying and placed him on a performance improvement plan (“PIP”) and pressured him to resign because he made the allegations of bullying.

3. For the reasons that follow, Mr Saravi did not establish that Nine discriminated against him on the ground of race and the application is dismissed.

Evidence

4. Evidence was given by:

1. Mark Saravi, Senior Software Engineer in Web Digital Engineering Team;

2. Gautham Bhonsle, Engineering Manager of Web Digital Engineering Team;

3. Andre Lackmann, Technology Director for Publishing and Enterprise Practices;

4. Isabella Serg, People and Culture Business Partner for the Digital Business Unit;

5. Luke Blair, Senior Engineering Manager for Publishing Audience;

6. Stuart Leyland, Principal Engineer; and

7. Luke Harrington, People Solutions Manager.

5. The following is a chronology of events based on the contemporaneous documents before the Tribunal and evidence given by witnesses which was not controversial.

6. Mr Saravi commenced employment with Nine in 2018 on a fixed term contract and in May 2021 was appointed on a permanent basis as a senior engineer. In 2022, Mr Saravi was a senior software engineer in Web Digital Publishing Team. He worked in a team of about 7 people. Part of his role involved working with Mr Leyland. He reported to Mr Bhonsle. Mr Blair was Mr Bhonsle’s manager and Mr Lackmann was Mr Blair’s manager,

7. Mr Saravi alleged that Mr Leyland commenced to bully him June 2022. Before the Tribunal he did not allege that the bullying was on the ground of race. Broadly speaking, the alleged bullying and harassment consisted of Mr Leyland asserting that Mr Saravi was an incompetent engineer.

8. On 8 July 2022, Mr Saravi sent a message to Mr Bhonsle regarding Mr Leyland. Mr Saravi stated that Mr Leyland’s behaviour towards him during a meeting “became very aggressive…