Warhurst v Tiglin Constructions Pty Ltd

Civil and Administrative Tribunal

New South Wales

• Amendment notes

Medium Neutral Citation:

Warhurst v Tiglin Constructions Pty Ltd [2025] NSWCATAD 81

Hearing dates:

19 March 2025

Date of orders:

09 April 2025

Decision date:

09 April 2025

Jurisdiction:

Administrative and Equal Opportunity Division

Before:

Dr R Dubler SC, Senior Member
J Herberte, General Member

Decision:

(1) The complaint of discrimination is substantiated.

(2) Tiglin Pty Ltd is to pay damages of $25,000 to Mr Warhurst within 28 days of receipt of this decision.

Catchwords:

HUMAN RIGHTS – racial discrimination alleged in employment – applicant identified as being of Spanish origin – whether the employer terminated the applicant’s employment on the ground of the applicant’s race or nationality or ethnicity

Legislation Cited:

Anti-Discrimination Act 1977 (NSW)

Civil and Administrative Tribunal Act 2013 (NSW)

Cases Cited:

Commissioner of Corrective Services v Aldridge (EOD) [2000] NSWADTAP 5

Alexander v Home Office [1988] ICR 685

Fletcher v TNT Australia Pty Ltd [2013] NSWSC 1220

O’Callaghan v Loder [1983] 3 NSWLR 89

Purvis v State of New South Wales [2003] HCA 62

Sivananthan v Commissioner of Police, New South Wales Police Service [2001] NSWADT 44

Stefanac v Secretary, Department of Family and Community Services [2018] NSWCATAD 106

Texts Cited:

None cited

Category:

Principal judgment

Parties:

Zack Warhurst (Applicant)
Tiglin Constructions Pty Ltd (Respondent)

Representation:

Applicant (Self-Represented)
Thurlow Fisher Lawyers (Respondent)

File Number(s):

2024/00292372

Publication restriction:

Nil

reasons for decision

Introduction

1. This an anti-discrimination law matter. The complainant is Mr Warhurst. The complainant was employed by the Respondent (Tiglin) in the building industry.

2. Mr Warhurst is of Spanish descent. He claims he was terminated in his employment by Tiglin on the ground of his ethnicity, such termination occurring on 17 February 2024 contrary to the Anti-Discrimination Act 1977 (ADA).

3. This is our decision in respect of Mr Warhurst’s complaint.

Background

4. Tiglin conducts a business of civil work, including pipe laying. In January and February 2024, Tiglin was engaged in the development of a residential property.

5. In late January 2024, Mr Warhurst was interviewed by a Director of Tiglin, Mr Rowan Mooney, about a labouring job at the site. He was informed about the job duties, breaks, weekend work and was offered a job on a one-month trial.

6. On Saturday 17 February 2024, he was told that he could stay for the rest of the day and work if he wanted to but after that there was to be ‘no work moving forward’. Thereby, the employment ceased.

7. On 27 February 2024, the President of Anti-Discrimination New South Wales (ADNSW) received a complaint from Mr Warhurst against Tiglin (the Complaint).

8. The Complaint has been referred to the Tribunal under the ADA.

Evidence

The written evidence

9. The written evidence received by the Tribunal was as follows:

1. The report from the President of the ADNSW;

2. The written complaint form completed by Mr Warhurst;

3. Statement of Mr Mooney;

4. Mr Warhurst's emails to ADNSW of 11 and 15 July 2024;

5. Email ADNSW to Mr Warhurst of 18 July 2024;

6. New South Wales…