The Workplace Relations Commission found it had no jurisdiction to hear a consumer’s Equal Status complaint alleging harassment, victimisation and race discrimination during cross-examination in an earlier case. The complaint’s merits were not decided. The decision was dated 2 May 2018.
The consumer said senior counsel’s questions had left him flustered and cast doubt on his truthfulness. The aviation company argued it was entitled to defend its position and challenge his evidence.
The adjudication officer found she could not revisit how the earlier hearing had been conducted. She said the consumer could respond to the company’s arguments in that case, and that any challenge to the earlier decision or cross-examination had to be pursued through other options.