A Hobart supermarket employee who went to Equal Opportunity Tasmania alleging that he had been racially discriminated against at work has withdrawn his complaint.
The man, who Pulse has chosen not to name, made the complaint in February 2023 on the basis he had been directly discriminated against.
Following conciliation with store management at the Tasmanian Civil and Administrative Tribunal a year later, he withdrew it.
“I have no intent or wish to prolong the matter any further as I have acted in good faith,” the man told the Tribunal.
“I also undertake that I will not initiate or take part in any future disputation with [the supermarket] without legal advice.”
According to the Anti-Discrimination Act, the Tribunal must consider the nature of the complaint and the complainant’s reasons for withdrawing it.
Deputy President Alison Clues said the Tribunal noted “two physical attacks suffered by the complainant in the course of his employment with [the supermarket] would have been very upsetting for him”.
“However, the respondents’ position is that any actions they took in relation to the circumstances surrounding the complaint were unrelated to the complainant’s race,” she said in her published decision.
“The Tribunal is satisfied that the complainant has assessed his own situation and the Tribunal is satisfied that the complainant has made a free and independent decision not to proceed with the complaint.”
The Tribunal also found that it would not be in the public interest to conduct its own inquiry into the complaint, which would likely involve compelling the man to give evidence “against his wishes”.
“The respondents deny the allegations and the complainant wishes to move on from these proceedings,” the decision reads.
“The Tribunal is satisfied that the complaint has been withdrawn voluntarily.”
