Carr -V- Opera Australia [1998] NSWEOD

Carr -V- Opera Australia [1998] NSWEOD

Opera Australia unlawfully discriminated against Mr Carr on the grounds of his disability under s 49B(1)(a) of the Anti-Discrimination Act 1977 by requiring him to take leave without pay, a condition not imposed on other employees; general Occupational Health and Safety obligations did not justify this action under statutory exceptions.

Jurisdiction
Australia
Judgment Date
09 December 1998
Procedural Posture
Discrimination Complaint / Final Judgment
Outcome
Complaint substantiated; orders in favour of complainant
Legal Topics
['disability Discrimination' 'unlawful Discrimination in Employment' 'reasonable Adjustments' 'occupational Health and Safety' 'remedies and Compensation']
['anti Discrimination Law' 'employment Law'] ['disability Discrimination' 'unlawful Discrimination in Employment' 'reasonable Adjustments' 'occupational Health and Safety' 'remedies and Compensation']

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Procedural Posture

Discrimination Complaint / Final Judgment

Legal Issues

  1. 1 ["Whether Opera Australia's requirement for Mr Carr to remain on leave without pay amounted to unlawful discrimination under s 49B(1)(a) of the Anti-Discrimination Act 1977" "Whether the respondent's conduct was excused by exceptions in the Act or Occupational Health and Safety obligations" "Whether Mr Carr's condition constituted a disability within the meaning of the Act" 'Whether conditions imposed for continued employment were unreasonable under s 49B(1)(b)']

Ratio Decidendi

Opera Australia unlawfully discriminated against Mr Carr on the grounds of his disability under s 49B(1)(a) of the Anti-Discrimination Act 1977 by requiring him to take leave without pay, a condition not imposed on other employees; general Occupational Health and Safety obligations did not justify this action under statutory exceptions.

Court Disposition

Complaint substantiated; orders in favour of complainant

Orders

  • ['Order that Opera Australia pay $40,000 compensation for financial loss within fourteen days.' 'Order that Opera Australia reinstate Mr Carr to an active role as associate principal trumpet player forthwith.' 'Order that Opera Australia credit Mr Carr with long service leave, holiday pay, and superannuation as if...