Wilson v Victorian Aboriginal Health Service Cooperative Limited

In the County Court of Victoria, Ms. Wilson (the applicant) brought proceedings against the Victorian Aboriginal Health Service Cooperative Limited (the respondent) alleging unlawful discrimination and victimisation under the *Equal Opportunity Act 2010* (Vic). The dispute arose from the respondent's decision to terminate Ms. Wilson's employment.

The court was required to determine whether the respondent had unlawfully discriminated against Ms. Wilson on the ground of her race, and whether it had unlawfully victimised her by taking adverse action because she had made a complaint of discrimination. Specifically, the court had to consider if Ms. Wilson's race was a substantial and operative cause of the decision to terminate her employment, and if the respondent's actions constituted victimisation under the Act.

Judge Riley found that Ms. Wilson had not established that her race was a substantial and operative cause of the decision to terminate her employment. The court accepted the respondent's evidence that the termination was based on Ms. Wilson's performance and conduct, including her failure to meet performance expectations and her interactions with colleagues. Consequently, the court concluded that there was no unlawful discrimination or victimisation.

The application was dismissed.