Daccache v BOC Limited [2020] FCA 485

Daccache v BOC Limited [2020] FCA 485

The Court held that s 46PP of the Australian Human Rights Commission Act 1986 (Cth) enables the grant of an interim injunction to preserve the status quo of employment, even after termination but before conciliation is complete, where there is a reasonably strong arguable case of unlawful discrimination under the Disability Discrimination Act 1992 (Cth), and the balance of convenience favours such relief, particularly as the applicant does not seek wages for the period in question.

Jurisdiction
Australia
Judgment Date
16 April 2020
Procedural Posture
Application Under Australian Human Rights Commission Act 1986 (cth) S 46 Pp(1)(a) Human Rights/industrial Law / Interlocutory (interim Injunction)
Outcome
Interim injunction granted; application successful
Legal Topics
['interim Injunctions' 'disability Discrimination' 'termination of Employment' 'reasonable Adjustments' 'status Quo Preservation']
['human Rights Law' 'industrial Law' 'employment Law'] ['interim Injunctions' 'disability Discrimination' 'termination of Employment' 'reasonable Adjustments' 'status Quo Preservation']

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Procedural Posture

Application Under Australian Human Rights Commission Act 1986 (cth) S 46 Pp(1)(a) Human Rights/industrial Law / Interlocutory (interim Injunction)

Legal Issues

  1. 1 ['Whether the applicant is entitled to an interim injunction restoring his employment under s 46PP(1)(a) of the Australian Human Rights Commission Act 1986 (Cth)' 'Whether a prima facie case under the Disability Discrimination Act 1992 (Cth) is established' "Whether the respondent's actions constituted unlawful discrimination under s 15 of the Disability Discrimination Act 1992 (Cth)" 'Whether the balance of convenience favours granting the injunction']

Ratio Decidendi

The Court held that s 46PP of the Australian Human Rights Commission Act 1986 (Cth) enables the grant of an interim injunction to preserve the status quo of employment, even after termination but before conciliation is complete, where there is a reasonably strong arguable case of unlawful discrimination under the Disability Discrimination Act 1992 (Cth), and the balance of convenience favours such relief, particularly as the applicant does not seek wages for the period in question.

Court Disposition

Interim injunction granted; application successful

Orders

  • ["The Respondent is to reinstate the Applicant's employment to the position he held with it as at 16 March 2020 and treat him for the purposes of continuity of employment as having been employed in the period from 16 March 2020 to the date of these orders." 'The Respondent is not to dismiss the Applicant from...