Hunter v Deerubbin Local Aboriginal Land Council [2011] NSWADT 202

Hunter v Deerubbin Local Aboriginal Land Council [2011] NSWADT 202

The Tribunal found that Mr Hunter’s epilepsy was a real reason for the respondent offering him significantly less work after his seizure at work on 4 March 2005 and no work after the seizures and hospitalisation on 19 October 2005. Although there was a general decline in available casual work, the comparison with an...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
24 August 2011
Procedural Posture
Complaint of Unlawful Disability Discrimination in Employment / Principal Judgment After Hearing Following Referral by the Anti Discrimination Board to the Administrative Decisions Tribunal
Outcome
The complaint of unlawful discrimination on the ground of disability was substantiated.
Legal Topics
['disability Discrimination in Employment' 'direct Discrimination' 'casual Employment' 'aboriginal Local Land Council' 'epilepsy' 'compensation for Discrimination']
['anti Discrimination Law' 'employment Law'] ['disability Discrimination in Employment' 'direct Discrimination' 'casual Employment' 'aboriginal Local Land Council' 'epilepsy' 'compensation for Discrimination']

Source-derived case record

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Procedural Posture

Complaint of Unlawful Disability Discrimination in Employment / Principal Judgment After Hearing Following Referral by the Anti Discrimination Board to the Administrative Decisions Tribunal

Legal Issues

  1. 1 ['Whether Mr Hunter suffered an epileptic fit at work on 21 October 2005.' 'Whether Mr Hunter told Mr Khan and Mr Randall that he had epilepsy.' 'Whether the applicant was offered no work after 4 March 2005, other than on 19 October 2005.' 'Whether Mr Hunter was offered less work after 4 March 2005.' 'Whether Mr Hunter had a conversation with Mr Khan advising him of his condition and providing him with a medical certificate.' 'Whether there was a decline in work available to casual workers.' 'Whether a reason for the applicant not being offered further work was his epilepsy.' 'What compensation should be awarded if the complaint was substantiated.']

Ratio Decidendi

The Tribunal found that Mr Hunter’s epilepsy was a real reason for the respondent offering him significantly less work after his seizure at work on 4 March 2005 and no work after the seizures and hospitalisation on 19 October 2005. Although there was a general decline in available casual work, the comparison with an appropriate casual worker without epilepsy, Anthony Hunter, showed less favourable treatment in the same or similar circumstances. The respondent’s notification to AMP SuperLeader that Mr Hunter had resigned as at 21 October 2005, the evidence that officers were wary or concerned about him working around heavy machinery after learning of his epilepsy, and the scale of the...

Court Disposition

The complaint of unlawful discrimination on the ground of disability was substantiated.

Orders

  • ['The respondent is directed to pay the amount of $21,810.00 to Mr Hunter within 28 days of this decision.']