Boreland -v- Brambles Security Services Limited [2000] NSWADT 147

Boreland -v- Brambles Security Services Limited [2000] NSWADT 147

The Tribunal found that the restriction of overtime, unauthorised display of medical certificates, and unauthorised access to medical files amounted to unlawful discrimination on the ground of disability as defined in the Anti-Discrimination Act 1977, causing detriment and breach of employment terms. The acts were causally connected to the applicant's disability. Damages for distress and humiliation were assessed and awarded accordingly.

Jurisdiction
Australia
Judgment Date
20 October 2000
Procedural Posture
Disability Discrimination in Work / Principal Matter
Outcome
Applicant succeeds in part; award of damages for distress and humiliation, but not for economic loss.
Legal Topics
['disability Discrimination' 'terms and Conditions of Employment' 'privacy in Employment' 'breach of Confidentiality' 'workers Compensation' 'general Damages']
['discrimination Law' 'employment Law'] ['disability Discrimination' 'terms and Conditions of Employment' 'privacy in Employment' 'breach of Confidentiality' 'workers Compensation' 'general Damages']

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Procedural Posture

Disability Discrimination in Work / Principal Matter

Legal Issues

  1. 1 ['Whether the restriction of overtime constituted unlawful discrimination on the ground of disability' 'Whether the unauthorised display and publication of Workcover certificates constituted unlawful discrimination' 'Whether unauthorised access to medical files violated employment terms and amounted to unlawful discrimination']

Ratio Decidendi

The Tribunal found that the restriction of overtime, unauthorised display of medical certificates, and unauthorised access to medical files amounted to unlawful discrimination on the ground of disability as defined in the Anti-Discrimination Act 1977, causing detriment and breach of employment terms. The acts were causally connected to the applicant's disability. Damages for distress and humiliation were assessed and awarded accordingly.

Court Disposition

Applicant succeeds in part; award of damages for distress and humiliation, but not for economic loss.

Orders

  • ['The respondent is ordered to pay the applicant the sum of eight thousand dollars ($8,000.00) within 14 days of the date of this decision.']