Lonie v Live Better Services Limited (No 2) [2023] NSWCATAD 98

Lonie v Live Better Services Limited (No 2) [2023] NSWCATAD 98

The appropriate assessment of loss is based on what the applicant would have received from the respondent if employed as a Disability Services Worker for one shift per week over a three-month period, at the applicable Award rate and superannuation.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
01 May 2023
Procedural Posture
Application for Anti Discrimination Remedy / Consequential Orders
Outcome
Orders made for respondent to pay applicant wages and superannuation for one shift per week over three months; hearing dispensed with.
Legal Topics
['disability Discrimination' 'employment' 'damages']
['human Rights' 'anti Discrimination'] ['disability Discrimination' 'employment' 'damages']

Source-derived case record

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Procedural Posture

Application for Anti Discrimination Remedy / Consequential Orders

Legal Issues

  1. 1 ['Whether the respondent discriminated against the applicant on the ground of disability' 'Assessment of economic loss resulting from discrimination' 'Appropriate calculation of damages for failure to offer employment']

Ratio Decidendi

The appropriate assessment of loss is based on what the applicant would have received from the respondent if employed as a Disability Services Worker for one shift per week over a three-month period, at the applicable Award rate and superannuation.

Court Disposition

Orders made for respondent to pay applicant wages and superannuation for one shift per week over three months; hearing dispensed with.

Orders

  • ['The Tribunal dispenses with a hearing pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW).' 'The Respondent pay the Applicant wages and superannuation for one shift per week for a 3 month period within 28 days of the date of this order.']