Ryder, Leslie v Citywide Service Solutions Pty Ltd [1997] FCA 878

Ryder, Leslie v Citywide Service Solutions Pty Ltd [1997] FCA 878

The applicant's Dynon Road fitter position became redundant due to the respondent's operational requirements, and the termination was defensible and not capricious. Although the applicant's physical disability was part of the reason he was not redeployed and his employment was terminated, the evidence established that he could not perform the actual duties of the Green Street fitter position without pain and risk of further injury. The accommodations required would be onerous and unreasonable, and s170DF(2) did not require the respondent to reconstruct the tasks or the manner in which they were performed. The termination therefore did not contravene s170DE(1) or s170DF(1)(f) of the...

Jurisdiction
Australia
Judgment Date
20 August 1997
Procedural Posture
Application Made Pursuant to Section 170 EA of the Workplace Relations Act 1996 Alleging Unlawful Termination / Reasons for Judgment and Minutes of Order After Hearing
Outcome
Application dismissed.
Legal Topics
['unlawful Termination' 'redundancy' 'operational Requirements' 'physical Disability' 'inherent Requirements of the Position' 'redeployment']
['industrial Law' 'employment Law'] ['unlawful Termination' 'redundancy' 'operational Requirements' 'physical Disability' 'inherent Requirements of the Position' 'redeployment']

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Procedural Posture

Application Made Pursuant to Section 170 EA of the Workplace Relations Act 1996 Alleging Unlawful Termination / Reasons for Judgment and Minutes of Order After Hearing

Legal Issues

  1. 1 ["Whether the respondent had a valid reason for terminating the applicant's employment based upon its operational requirements." "Whether any part of the respondent's reason for terminating the applicant's employment was that he suffered a physical disability, and if so whether that contravened s170DF(1)(f) of the Workplace Relations Act 1996." 'Whether the reason based on disability was based upon the inherent requirements of the particular position within s170DF(2) of the Workplace Relations Act 1996.' "Whether the respondent was required to alter duties or the manner of work performance to accommodate the applicant's incapacity."]

Ratio Decidendi

The applicant's Dynon Road fitter position became redundant due to the respondent's operational requirements, and the termination was defensible and not capricious. Although the applicant's physical disability was part of the reason he was not redeployed and his employment was terminated, the evidence established that he could not perform the actual duties of the Green Street fitter position without pain and risk of further injury. The accommodations required would be onerous and unreasonable, and s170DF(2) did not require the respondent to reconstruct the tasks or the manner in which they were performed. The termination therefore did not contravene s170DE(1) or s170DF(1)(f) of the...

Court Disposition

Application dismissed.

Orders

  • ['The application made pursuant to Section 170EA of the Workplace Relations Act 1996 be dismissed.']