Walsh v Amobee ANZ Pty Ltd

[2022] NSWCATAD 257

Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation:

Walsh v Amobee ANZ Pty Ltd [2022] NSWCATAD 257

Hearing dates:

13 April 2022; 6 June 2022

Date of orders:

3 August 2022

Decision date:

03 August 2022

Jurisdiction:

Administrative and Equal Opportunity Division

Before:

D Dinnen, Senior Member

Decision:

Leave is granted pursuant to s 96(1) of the Anti-Discrimination Act 1977 for the Applicant’s complaint to proceed.

Catchwords:

HUMAN RIGHTS — discrimination — equal opportunity — disability discrimination – employment - associate - leave required for complaint to proceed — whether complaint lacking in substance - principles applying to grant of leave

Legislation Cited:

Anti-Discrimination Act 1977

Disability Discrimination Act 1992

Cases Cited:

Chalker v Murrays Australia Pty Ltd [2016] NSWCATAD 282

Ekermawi v Administrative Decisions Tribunal of New South Wales [2009] NSWSC 143

Hurst v Queensland (2006) 151 FCR 562

Jones v Ekermawi [2009] NSWCA 388

Langley v Niland [1981] 2 NSWLR 104 at 107

Prakash v Bobb Borg Enterprises Pty Ltd [1999] NSWADT 73

Sadiq v Commissioner for Police [2021] NSWCATAD 19

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

State of New South Wales v Amery (2006) 230 CLR 174

Wong v Office of the Board of Studies NSW (No 4) [2012] NSWADT 128

Texts Cited:

none

Category:

Principal judgment

Parties:

Liam Walsh (Applicant)
Amobee ANZ Pty Ltd (Respondent)

Representation:

Counsel:
A Perigo (Applicant)

Solicitors:
Lander & Rogers (Applicant)
Minter Ellison (Respondent)

File Number(s):

2022/00060536

Publication restriction:

none

REASONS FOR DECISION

1. Liam Walsh (the Applicant) was employed by Amobee ANZ Pty Ltd (the Respondent) from 4 May 2015 as the managing director. In a meeting on 6 November 2020 the Applicant was advised that his employment would be terminated for a number of reasons, one of which was his failure to comply with the Respondent’s Conflict Policy by not disclosing his relationship with an employee under his supervision. For the purposes of these reasons I will refer to that employee as ‘Ms A’. The Applicant’s employment was terminated on 10 February 2021 by the Respondent.

2. On 5 November 2021, the Applicant lodged a complaint of disability discrimination by association with the President of the Anti-Discrimination Board (ADB) alleging that he had been discriminated against by the Respondent in employment on the grounds of disability, by association. The President’s delegate accepted the complaint pursuant to section 89B of the Anti- Discrimination Act 1977 (the Act).

3. The Applicant stated that Ms A, with whom he was still in a relationship, suffered from a disability, being complex post traumatic stress disorder, depression and anxiety. Ms A’s mental health issues are alleged to have been caused by her sexual assault at a workplace function in 2014, perpetrated by a senior executive of the Respondent, and are alleged to have been exacerbated by her interactions and management by the Respondent and its senior executives and HR representatives since that incident, resulting in three suicide attempts in 2017 and 2018.

4. The Respondent’s Conflict Policy required the Applicant…