Cucanic v IGA Distribution (Vic) Pty Ltd [2004] FCA 1226

Cucanic v IGA Distribution (Vic) Pty Ltd [2004] FCA 1226

Mr Cucanic's particular position was his pre-injury job as a Storeworker Grade II performing order assembler, filler, pick-ups and stretch wrapping work in the dry grocery and general merchandising areas, not the lighter duties later performed as part of rehabilitation. The inherent requirements of that position included regular lifting of more than 15 kilograms and up to 20 kilograms in the dry grocery area and repetitive bending and twisting. Because his back injury meant he could not lift goods exceeding 15 kilograms or perform repetitive bending and twisting, he was unable to carry out the inherent requirements of the position. IGA therefore made out the defence under s 170CK(3) of...

Jurisdiction
Australia
Judgment Date
20 September 2004
Procedural Posture
Application Under S 170 CP of the Workplace Relations Act 1996 (cth) for an Order Under S 170 CR Alleging Contravention of S 170 Ck(2)(f) / Reasons for Judgment and Final Orders
Outcome
Application dismissed.
Legal Topics
['unlawful Termination' 'termination on Grounds of Disability' 'inherent Requirements of the Particular Position' 'workplace Relations Act 1996 (cth)']
['industrial Law' 'employment Law' 'discrimination Law'] ['unlawful Termination' 'termination on Grounds of Disability' 'inherent Requirements of the Particular Position' 'workplace Relations Act 1996 (cth)']

Case Brief

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Procedural Posture

Application Under S 170 CP of the Workplace Relations Act 1996 (cth) for an Order Under S 170 CR Alleging Contravention of S 170 Ck(2)(f) / Reasons for Judgment and Final Orders

Legal Issues

  1. 1 ['What was the particular position occupied by Mr Cucanic as an employee of IGA?' 'What were the inherent requirements of the position?' 'Was Mr Cucanic, because of his disability, unable to carry out the inherent requirements of the position?']

Ratio Decidendi

Mr Cucanic's particular position was his pre-injury job as a Storeworker Grade II performing order assembler, filler, pick-ups and stretch wrapping work in the dry grocery and general merchandising areas, not the lighter duties later performed as part of rehabilitation. The inherent requirements of that position included regular lifting of more than 15 kilograms and up to 20 kilograms in the dry grocery area and repetitive bending and twisting. Because his back injury meant he could not lift goods exceeding 15 kilograms or perform repetitive bending and twisting, he was unable to carry out the inherent requirements of the position. IGA therefore made out the defence under s 170CK(3) of...

Court Disposition

Application dismissed.

Orders

  • ['The application be dismissed.']