Brown -V- Boardman T/A The Albury And District Private Nursing Home [1997] NSWEOT

Brown -V- Boardman T/A The Albury And District Private Nursing Home [1997] NSWEOT

The Complainant did not establish that the changes to the nursing home roster or the subsequent rostering arrangements were acts of discrimination by the employer. The medical certificates concerning her bad back were presented after the roster changes were proposed, and there was no evidence that the roster changes were deliberately designed to require her to leave work. The evidence up to her last day of work in 1994 did not support the claim of discrimination.

Jurisdiction
Australia
Judgment Date
20 January 1997
Procedural Posture
Discrimination Complaint on the Ground of Disability in the Area of Employment / Hearing and Judgment
Outcome
Complaint dismissed
Legal Topics
['disability Discrimination' 'employment Rosters' 'unjustifiable Hardship' 'damages']
['anti Discrimination Law' 'employment Law'] ['disability Discrimination' 'employment Rosters' 'unjustifiable Hardship' 'damages']

Case Brief

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Procedural Posture

Discrimination Complaint on the Ground of Disability in the Area of Employment / Hearing and Judgment

Legal Issues

  1. 1 ['Whether the Respondent breached the Act, in particular sections 49A, 49B, 49C and 49D, by discriminating against the Complainant on the ground of disability in employment.' 'Whether the changes to the nursing home roster, including requiring the Complainant to work five 8.5-hour shifts rather than four 10-hour shifts and to undertake day duty, constituted discrimination because of her bad back.' 'If a breach of the Act was established, what order should be made under section 113, including damages.']

Ratio Decidendi

The Complainant did not establish that the changes to the nursing home roster or the subsequent rostering arrangements were acts of discrimination by the employer. The medical certificates concerning her bad back were presented after the roster changes were proposed, and there was no evidence that the roster changes were deliberately designed to require her to leave work. The evidence up to her last day of work in 1994 did not support the claim of discrimination.

Court Disposition

Complaint dismissed

Orders

  • ['The complaint is dismissed.']