Chalker v Murrays Australia Pty Ltd [2017] NSWCATAD 112

Chalker v Murrays Australia Pty Ltd [2017] NSWCATAD 112

Murrays Australia treated Mr Chalker less favourably by refusing to employ him rather than following the medical recommendation for further independent psychiatric assessment, and at least one reason for that treatment was his borderline personality disorder. The respondent did not prove that, because of that disability, Mr Chalker was unable to perform the inherent requirements of the bus driver role. The complaint was therefore substantiated and compensation for hurt, indignity and loss of opportunity was awarded.

Jurisdiction
Australia
Judgment Date
10 April 2017
Procedural Posture
Complaint of Disability Discrimination in Employment / Principal Judgment After Hearing
Outcome
Complaint substantiated; compensation ordered for the applicant.
Legal Topics
['direct Disability Discrimination' 'mental Illness' 'refusal to Offer Employment' 'inherent Requirements Defence' 'comparator Analysis' 'compensation for Non Economic Loss']
['anti Discrimination Law' 'employment Law' 'human Rights'] ['direct Disability Discrimination' 'mental Illness' 'refusal to Offer Employment' 'inherent Requirements Defence' 'comparator Analysis' 'compensation for Non Economic Loss']

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Procedural Posture

Complaint of Disability Discrimination in Employment / Principal Judgment After Hearing

Legal Issues

  1. 1 ['Whether Murrays Australia treated Mr Chalker less favourably than it would have treated a person without borderline personality disorder in the same or not materially different circumstances.' "Whether at least one reason for the decision not to offer employment was Mr Chalker's disability." 'Whether Murrays Australia proved that, because of his disability, Mr Chalker would be unable to carry out the inherent requirements of the bus driver position.' 'What remedy should be ordered if the complaint was substantiated.']

Ratio Decidendi

Murrays Australia treated Mr Chalker less favourably by refusing to employ him rather than following the medical recommendation for further independent psychiatric assessment, and at least one reason for that treatment was his borderline personality disorder. The respondent did not prove that, because of that disability, Mr Chalker was unable to perform the inherent requirements of the bus driver role. The complaint was therefore substantiated and compensation for hurt, indignity and loss of opportunity was awarded.

Court Disposition

Complaint substantiated; compensation ordered for the applicant.

Orders

  • ['The complaint is substantiated.' 'Murrays Australia Pty Ltd is to pay Mr Chalker $10,000 within 14 days of the date of this decision.']