Ms P -V- David Jones (Australia) Pty Limited [1996] NSWEOT

Ms P -V- David Jones (Australia) Pty Limited [1996] NSWEOT

The complaint was established because, after the Complainant disclosed a physical impairment and sought transfer away from food preparation, the Respondent stood her down, failed to place her elsewhere, later refused or failed to provide work, and imposed a discriminatory disclosure condition. The Respondent's reliance on casual employment did not answer the discrimination claim.

Jurisdiction
Australia
Judgment Date
21 May 1996
Procedural Posture
Complaint of Physical Impairment Discrimination in Employment Under the Anti Discrimination Act / Final Judgment
Outcome
Complaint substantiated; judgment in favour of the Complainant.
Legal Topics
['physical Impairment Discrimination' 'casual Employment' 'infectious Disease and Employment' 'workplace Transfer' 'compensation for Loss of Income and Pain and Suffering']
['anti Discrimination Law' 'employment Law'] ['physical Impairment Discrimination' 'casual Employment' 'infectious Disease and Employment' 'workplace Transfer' 'compensation for Loss of Income and Pain and Suffering']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Complaint of Physical Impairment Discrimination in Employment Under the Anti Discrimination Act / Final Judgment

Legal Issues

  1. 1 ['Whether the Respondent discriminated against the Complainant on the ground of physical impairment by standing her down and not transferring her to another part of the store after she disclosed an infectious disease.' "Whether requiring the Complainant's condition to be disclosed to First Aid staff as a condition of returning to work constituted discrimination." "Whether the Complainant's status as a casual employee meant the Respondent had no obligation to provide alternative work and could not be held to have discriminated against her."]

Ratio Decidendi

The complaint was established because, after the Complainant disclosed a physical impairment and sought transfer away from food preparation, the Respondent stood her down, failed to place her elsewhere, later refused or failed to provide work, and imposed a discriminatory disclosure condition. The Respondent's reliance on casual employment did not answer the discrimination claim.

Court Disposition

Complaint substantiated; judgment in favour of the Complainant.

Orders

  • ['The Respondent is ordered to pay the Complainant $31600 by way of compensation for loss of income from 1 March 1994 to the date of judgment.' "The Respondent is ordered to pay the Complainant a further $2000 for pain and suffering caused by the Respondent's conduct."]