Baker v D & D Traffic Management Pty Ltd [2013] NSWADT 175

Baker v D & D Traffic Management Pty Ltd [2013] NSWADT 175

The Tribunal found that Mr Baker did not suffer differential treatment; any former employee with similar disciplinary issues and without his disability would have been treated the same way. No less favourable treatment occurred, and there was no causal link between any treatment and his disability. Mr Baker did not apply for re-employment and no discriminatory conduct was found in arrangements or determinations regarding employment. Accordingly, the complaint for unlawful discrimination was dismissed.

Parties
Applicant: Raymond Baker; Respondent: D & D Traffic Management Pty Ltd
Jurisdiction
Australia
Judgment Date
05 August 2013
Procedural Posture
Disability Discrimination Complaint Under Anti Discrimination Act 1977 (nsw) / Final Judgment by Equal Opportunity Division of Administrative Decisions Tribunal
Outcome
Complaint dismissed
Legal Topics
Disability Discrimination, Direct Discrimination, Employment, Unlawful Discrimination, Re Employment Procedures, Costs
Discrimination Law Employment Law Disability Discrimination Direct Discrimination Employment Unlawful Discrimination Re Employment Procedures Costs

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Parties

Raymond Baker

Applicant

D & D Traffic Management Pty Ltd

Respondent

Procedural Posture

Disability Discrimination Complaint Under Anti Discrimination Act 1977 (nsw) / Final Judgment by Equal Opportunity Division of Administrative Decisions Tribunal

Legal Issues

  1. 1 Did the Respondent discriminate against Mr Baker on the ground of disability under s 49D(1) of the Anti-Discrimination Act 1977 (NSW)?
  2. 2 Was Mr Baker treated less favourably than a comparator without his disability?
  3. 3 Was any differential treatment on the ground of disability?

Ratio Decidendi

The Tribunal found that Mr Baker did not suffer differential treatment; any former employee with similar disciplinary issues and without his disability would have been treated the same way. No less favourable treatment occurred, and there was no causal link between any treatment and his disability. Mr Baker did not apply for re-employment and no discriminatory conduct was found in arrangements or determinations regarding employment. Accordingly, the complaint for unlawful discrimination was dismissed.

Court Disposition

Complaint dismissed

Orders

  • The complaint be dismissed in whole.
  • The Respondent's application for costs be dismissed.