Choi v Deloitte Touche Tomatsu [2016] NSWCATAD 304

Choi v Deloitte Touche Tomatsu [2016] NSWCATAD 304

The applicant was treated less favourably than an appropriate hypothetical comparator without tuberculosis, being pressured to take unpaid leave, subjected to intensive performance management and repeated suggestions to resign, and suffered detriment as a result. This treatment was due, at least in part, to her disability, constituting unlawful discrimination under the Anti-Discrimination Act 1977 (NSW). The applicant is entitled to compensation for her losses.

Jurisdiction
Australia
Judgment Date
22 December 2016
Procedural Posture
Disability Discrimination Complaint / Final Merits Determination and Orders
Outcome
Applicant's complaint upheld; damages awarded for economic and non-economic loss; further submissions on quantum of order 3 and costs permitted within 21 days.
Legal Topics
['disability Discrimination' 'direct Discrimination' 'employment Detriment' 'remedies' 'comparator Analysis']
['anti Discrimination' 'employment Law'] ['disability Discrimination' 'direct Discrimination' 'employment Detriment' 'remedies' 'comparator Analysis']

Case Brief

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Procedural Posture

Disability Discrimination Complaint / Final Merits Determination and Orders

Legal Issues

  1. 1 ['Whether the applicant was subjected to direct disability discrimination in contravention of the Anti-Discrimination Act 1977 (NSW)' 'Whether the applicant was treated less favourably than a comparator without the disability' 'Whether the applicant suffered detriment because of her disability' 'Appropriate remedy if discrimination found']

Ratio Decidendi

The applicant was treated less favourably than an appropriate hypothetical comparator without tuberculosis, being pressured to take unpaid leave, subjected to intensive performance management and repeated suggestions to resign, and suffered detriment as a result. This treatment was due, at least in part, to her disability, constituting unlawful discrimination under the Anti-Discrimination Act 1977 (NSW). The applicant is entitled to compensation for her losses.

Court Disposition

Applicant's complaint upheld; damages awarded for economic and non-economic loss; further submissions on quantum of order 3 and costs permitted within 21 days.

Orders

  • ["The Applicant's complaint of discrimination is upheld." 'The Applicant is awarded $14,307.69 compensation for unpaid leave and $10,000 for non-economic loss.' 'The Applicant is awarded the difference between her usual salary including superannuation and the workers compensation payments she received until 13...