| CITATION: | Vuga v Persal & Co. Trading Pty Ltd [2017] QCAT 368 |
| PARTIES: | Kim Vuga (Applicant) |
| v | |
| Persal & Co. Trading Pty Ltd | |
| APPLICATION NUMBER: | ADL072-16 |
| MATTER TYPE: | Anti-discrimination matters |
| HEARING DATE: | 23 to 25 October 2017 |
| HEARD AT: | Brisbane |
| DECISION OF: | Member Gordon |
| DELIVERED ON: | 31 October 2017 |
| DELIVERED AT: | Brisbane |
| ORDERS MADE: | 1. In contravention of section 46 of the Anti-Discrimination Act 1991 (Qld), Persal & Co. Trading Pty Ltd and Paul Robins did directly discriminate against Kim Vuga on the basis of political belief by:- (a) stating to Ms Vuga in a telephone conversation on 8 April 2016 that Beach House Hotel did not want anything to do with her political party and the party was not welcome at the hotel; (b) not permitting Ms Vuga and supporters of her political party on 9 April 2016 to enter the hotel or gather on the hotel premises including the car park. 2. Kim Vuga is to be paid the sum of $2,500 as compensation for these contraventions and Persal & Co. Trading Pty Ltd and Paul Robins are jointly and severally liable to pay this amount. |
| CATCHWORDS: | HUMAN RIGHTS – DISCRIMINATION LEGISLATION – GROUNDS OF DISCRIMINATION – DISCRIMINATION DUE TO RELIGIOUS OR POLITICAL BELIEFS – where applicant wished to hold a “meet for drinks” gathering of her party supporters in a hotel – where this was refused by the hotel – whether it was refused on the basis of the attribute of political belief or activity HUMAN RIGHTS – DISCRIMINATION LEGISLATION – DIRECT DISCRIMINATION – whether the Queensland legislation requires a finding of the reason for the treatment as a first step, instead of the approach required by Purvis v New South Wales (Department of Education and Training) (2003) 217 CLR 92 HUMAN RIGHTS – DISCRIMINATION LEGISLATION – GROUNDS OF DISCRIMINATION – OTHER MATTERS – where respondents claimed to have done an act that was reasonably necessary to protect the health and safety of people at a place of work – whether this defence succeeds Anti-Discrimination Act 1991 (Qld), s 7, s 10, Alexander v Home Office [1988] 2 All ER 118 referred to |
APPEARANCES:
| APPLICANT: | Self-represented |
| RESPONDENT: | Max Spry, counsel, instructed by Cooper Grace Ward |
REASONS FOR DECISION
This is a complaint made by Kim Vuga that Beach House Hotel directly discriminated against her in April 2016. In brief, she alleges that a duty manager had said it would be no problem if she and supporters of her party gathered for drinks at the hotel with a view to going on to a meeting elsewhere, and that a duty manager had seen and approved a flyer which her party intended to use to advertise…
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- Case
- [2017] QCAT 368
- Decision Date
CaseChat Overview and Summary
The central legal issue was whether the refusal to allow the gathering was based on Vuga's political beliefs, thereby constituting discrimination under the Anti-Discrimination Act 1991 (Qld). Additionally, the court had to determine whether the Queensland legislation required a finding of the reason for the treatment as a first step, as opposed to the approach outlined in Purvis v New South Wales (Department of Education and Training). Lastly, the court had to consider whether the respondents' health and safety defence was valid.
The tribunal found that the refusal to allow the gathering was indeed based on Vuga's political beliefs, as evidenced by the direct communication from the hotel management expressing their unwillingness to associate with her party. The tribunal rejected the respondents' argument that they were required to first determine the reason for the treatment, instead following the established approach in Purvis v New South Wales. The tribunal also dismissed the respondents' health and safety defence, finding it was not reasonably necessary to protect the health and safety of people at the hotel.
The tribunal ordered that Persal & Co. Trading Pty Ltd and Paul Robins had contravened section 46 of the Anti-Discrimination Act 1991 (Qld) by directly discriminating against Vuga based on her political beliefs. They were jointly and severally liable to pay Vuga $2,500 as compensation for the contraventions.
Orders
Orders of the court
1. In contravention of section 46 of the Anti-Discrimination Act 1991 (Qld), Persal & Co. Trading Pty Ltd and Paul Robins did directly discriminate against Kim Vuga on the basis of political belief by:-
(a) stating to Ms Vuga in a telephone conversation on 8 April 2016 that Beach House Hotel did not want anything to do with her political party and the party was not welcome at the hotel;
(b) not permitting Ms Vuga and supporters of her political party on 9 April 2016 to enter the hotel or gather on the hotel premises including the car park.
2. Kim Vuga is to be paid the sum of $2,500 as compensation for these contraventions and Persal & Co. Trading Pty Ltd and Paul Robins are jointly and severally liable to pay this amount.
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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