Victorian Civil and Administrative Tribunal|2014-12-22

For the reasons given, Mr Ali has not proven on the evidence that the first, second or indefinite bans were imposed because of his race. The consequence is that the individual and collective allegation of discrimination has not been established. No contravention of the EO Act in respect of the bans has been proven and so the allegations will be dismissed.

Given the conclusions reached on each of the instances of alleged discrimination, the application will be dismissed.

[2] Written submissions dated 2 December 2014, paragraph 11.

[3] Written submissions dated 2 December 2014, paragraph 4.

[4] Aitken & ors v State of Victoria - Department of Education & Early Childhood Development [2012] VCAT 1547.

[6] Department of Health v Arumugam [1988] VicRp 42; [1988] VR 319; Stern v Depilation & Skincare Pty Ltd [2009] VCAT 2725

[8] Written submissions dated 2 December 2014, paragraphs 6 and 7

[9] Written submissions dated 8 December 2014, paragraph 19.

[10] Written submissions dated 8 December 2014, paragraph 20

[11] Written submissions dated 8 December 2014,paragraphs 22 and 23

[12] Written Submissions in Reply dated 16 December 2014, paragraphs 12 to 14.

[13] Written Submissions in Reply dated 16 December 2014, paragraph 16.

[14] Written Submissions in Reply dated 16 December 2014, paragraph 8.

[15] Dated 10 October 2014, paragraphs 7 to 12.

[16] Witness statement dated 10 October 2014, paragraphs 22 and 23.

[17] Witness statement dated 10 October 2014, paragraphs 7 to 12.

[18] Dated 26 October 2014, paragraphs 1.b. to c.

[20] See section 8(2)(a) of the EO Act.

[21] Witness statement dated 10 October 2014, paragraph 25.

[22] Witness statement dated 10 October 2014, paragraphs 25 to 27.

[23] Written submissions dated 16 December 2014, paragraph 31.

[24] Witness statement dated 18 January 2014, paragraph 3.

[25] Witness statement dated 16 January 2014, paragraph 38.

[26] Witness statement dated 16 January 2014, paragraphs 12 to 13.

[27] Witness statement dated 16 January 2014, paragraphs 14 to 16.

[28] Witness statement dated 16 January 2014, paragraphs 19 to 21.

[29] Witness statement dated 16 January 2014, paragraph 24.

[30] Witness statement dated 18 January 2014, paragraphs 6 and 7.

[31] Witness statement dated 18 January 2014, paragraph 8.

[32] Witness statement dated 18 January 2014, paragraphs 10 to 13.

[33] Witness statement dated 18 January 2014, paragraph 19.

[34] Written submissions dated 2 December 2014, paragraph 6(b) and written submissions dated 16 December 2014, paragraph 12.

[35] Witness statement dated 18 January 2014, paragraphs 26 and 27.

[36] Written submissions dated 16 December 2014, paragraph 23.

[37] Witness statement dated 18 January 2014, paragraphs 32 to 34.

[38] Witness statement dated 18 January 2014, paragraphs 35 to 38.

[39] Witness statement dated 16 January 2014, paragraph 23.

Opportunity Act 2010

Control Reform Act 1998

Mohamed-Ali v Australian Leisure and Hospitality Group Pty Ltd (Human Rights) [2014] VCAT 1590 (22 December 2014)

Mohamed-Ali v Australian Leisure and Hospitality Group Pty Ltd

At a glance

Court

Decision date

Source

Judgment (37 paragraphs)

Parties

Legislation Cited (2)

Cases Cited (1)

Mohamed-Ali v Australian Leisure and Hospitality Group Pty Ltd (Human Rights) [2014] VCAT 1590 (22 December 2014)