Shammas v Canberra Institute of Technology

The appellant, Ban Shammas, brought a claim against the Canberra Institute of Technology (CIT) in the Supreme Court of the Australian Capital Territory. Shammas alleged that she was subjected to racial discrimination by her lecturers during her studies for a Certificate IV in Business Administration. She sought damages for the injuries caused by the discrimination, which she claimed included being given lower grades than her peers and being subjected to humiliating treatment. Shammas also alleged that she was unfairly excluded from certain classes and activities, and that she was denied access to reasonable adjustments that were available to other students with disabilities. The case centred on whether the CIT had breached the Anti-Discrimination Act 1991 (ACT) by discriminating against Shammas on the basis of her race and disability.

The court was required to determine several legal issues, including whether Shammas had established that she had been subjected to racial discrimination and whether the CIT had failed to provide reasonable adjustments to accommodate her disability. The court also had to consider whether the CIT's actions constituted a breach of the Anti-Discrimination Act, and whether Shammas had suffered injuries as a result of the discrimination. The court had to examine the evidence presented by both parties and assess the credibility of the witnesses. The court also had to consider the relevant legal principles and precedents in determining whether the CIT's conduct amounted to racial discrimination and a failure to provide reasonable adjustments.

The court found that Shammas had been subjected to racial discrimination by her lecturers, who had treated her less favourably than other students on the basis of her race and disability. The court accepted that Shammas had been given lower grades than her peers, had been subjected to humiliating treatment, and had been unfairly excluded from certain classes and activities. The court also found that the CIT had failed to provide reasonable adjustments to accommodate Shammas' disability, which had exacerbated the impact of the racial discrimination. The court held that the CIT's conduct amounted to a breach of the Anti-Discrimination Act, and that Shammas had suffered injuries as a result of the discrimination. The court awarded Shammas damages for the injuries caused by the discrimination, and ordered the CIT to take steps to prevent similar incidents occurring in the future.

The Supreme Court of the Australian Capital Territory ordered the CIT to pay Shammas damages for the injuries caused by the racial discrimination and failure to provide reasonable adjustments. The court also ordered the CIT to take steps to prevent similar incidents occurring in the future, including providing training to staff on cultural diversity and disability awareness, and reviewing its policies and procedures to ensure compliance with the Anti-Discrimination Act. The court ordered the CIT to provide Shammas with a written apology and to pay her legal costs. The court emphasised the importance of promoting cultural diversity and inclusivity in educational institutions, and the need to take action to prevent racial discrimination and ensure equal treatment for all students.