St Joseph's Hospital Ltd v Correy (No 2)

In the case of St Joseph's Hospital Ltd v Correy, the applicant brought a complaint of victimisation against the respondent, St Joseph's Hospital Ltd, under the Anti-Discrimination Act 1977. The dispute was heard by the Anti-Discrimination Tribunal of New South Wales, and subsequently, the applicant appealed to the Supreme Court of New South Wales.

The primary legal issues before the court were the interpretation of the phrase 'on the ground of' in relation to victimisation complaints, the burden and standard of proof in such complaints, and the interpretation of the phrase 'by reason of' in relation to remedies. The court was required to determine whether the respondent's conduct amounted to victimisation and, if so, the appropriate remedy.

The court found that the respondent's conduct did amount to victimisation and that the applicant had satisfied the burden and standard of proof. The court held that the phrase 'on the ground of' in the context of victimisation complaints meant that the victimisation must be based on the protected attribute of the complainant. The court also found that the phrase 'by reason of' in relation to remedies meant that the remedy must be directly attributable to the victimisation. As a result, the court set aside the order that the respondent pay the applicant the sum of $23,665 within 28 days, as it was not directly attributable to the victimisation.

The court granted leave to extend the appeal to the merits of the Tribunal's decision, substantiated the complaint of victimisation, and set aside the order for payment of damages.