Appeal Panel - Internal
CITATION: St Joseph's Hospital Ltd v Correy (EOD) [2008] NSWADTAP 4 PARTIES: APPELLANT
RESPONDENT
St Joseph's Hospital Ltd
Kathryn CorreyFILE NUMBER: 079030 HEARING DATES: 12 September 2007 SUBMISSIONS CLOSED: 12 September 2007
DATE OF DECISION:
29 January 2008BEFORE: Hennessy N - Magistrate (Deputy President); Rice S - Judicial Member; Mooney L - Non Judicial Member CATCHWORDS: Jones v Dunkel - applicability of rule in - leave to extend to the merits MATTER FOR DECISION: Principal matter DECISION UNDER APPEAL: Correy v St Joseph's Hospital Ltd [2007] NSWADT 104 FILE NUMBER UNDER APPEAL: 061003 DATE OF DECISION UNDER APPEAL: 05/10/2007 LEGISLATION CITED: Administrative Decisions Tribunal Act 1997
Disability Discrimination Act 1992 (Cth)
Industrial Relations Act 1966CASES CITED: Attorney General (NSW) v 2UE Sydney Pty Ltd and Others (2006) 236 ALR 385
Azzopardi v Tasman UEB Industries Ltd (1985) 4 NSWLR 149
Boehringer Ingelheim Pty Ltd v Reddrop [1984] 2 NSWLR 13
Bogie v The University of Western Sydney (1990) EOC 92-313
Briginshaw v Briginshaw [1938] HCA 34; (1938) 60 CLR 336
Byrne & Frew v Australian Airlines Ltd (1995) 185 CLR 510
Jones v Dunkel (1959) 101 CLR 298
Laycock v Commissioner of Police, NSW Police [2006] NSWADT 261
Purvis v New South Wales (2003) 217 CLR 92
Shaikh v Commissioner, NSW Fire Brigades (1996) EOC 92-808
Sivananthan v Commissioner of Police, New South Wales Police Service [2001] NSWADT 44
University of Wollongong v Metwally (No 2) [1985] HCA 28; (1985) 60 ALR 68
Weissensteiner v R (1993) 178 CLR 217
Wollongong City Council v Bonella & ors and Bonella & ors -v- Wollongong City Council (EOD) [2002] NSWADTAP 26REPRESENTATION: APPELLANT
RESPONDENT
P Newall, barrister
E Brus, barristerORDERS: 1. Leave is granted for the appeal to extend to the merits of the Tribunal’s decision but only on the issue of whether the test in section 49T(1)(a) of the Anti-Discrimination Act 1977 has been satisfied.
2. The order that, “The complaint of discrimination on the ground of responsibilities as a carer is substantiated” is set aside. In substitution for that order, an order is made that, “The complaint of discrimination on the ground of responsibilities as a carer is dismissed.”
3. The order that, “The Respondent to pay the Applicant the sum of $26,121.00 within 28 days” is set aside.
4. The victimisation complaint is remitted to the Tribunal (as originally or similarly constituted) to be heard and decided again, in accordance with the following directions:
a) the issue for determination is whether the necessary causal connection exists between any of the matters in section 50(1)(a) to (d) and the detriment suffered by the Appellant;
b) that issue is to be determined in accordance with the Appeal Panel’s decision on the applicability of Jones v Dunkel (1959) 101 CLR 298 and R v Weissensteiner (1993) 178 CLR 217;
c) if the Tribunal finds that the relevant connection exists, it should then decide, on the basis of the existing evidence, whether…
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- Case
- [2008] NSWADTAP 4
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
1. Leave is granted for the appeal to extend to the merits of the Tribunal's decision but only on the issue of whether the test in section 49T(1)(a) of the Anti-Discrimination Act 1977 has been satisfied. 2. The order that, "The complaint of discrimination on the ground of responsibilities as a carer is substantiated" is set aside. In substitution for that order, an order is made that, "The complaint of discrimination on the ground of responsibilities as a carer is dismissed." 3. The order that, "The Respondent to pay the Applicant the sum of $26,121.00 within 28 days" is set aside. 4. The victimisation complaint is remitted to the Tribunal (as originally or similarly constituted) to be heard and decided again, in accordance with the following directions: a) the issue for determination is whether the necessary causal connection exists between any of the matters in section 50(1)(a) to (d) and the detriment suffered by the Appellant; b) that issue is to be determined in accordance with the Appeal Panel's decision on the applicability of Jones v Dunkel (1959) 101 CLR 298 and R v Weissensteiner (1993) 178 CLR 217; c) if the Tribunal finds that the relevant connection exists, it should then decide, on the basis of the existing evidence, whether the Appellant is entitled to a remedy.
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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