Edmundson v Endeavour Foundation [2011] NSWADT 96

Edmundson v Endeavour Foundation [2011] NSWADT 96

Although it was arguable that Endeavour Foundation directly discriminated against Mr Edmundson because the reason for terminating and not re-employing him was that his disability rendered him totally unfit for work, the medical evidence showed he was totally incapacitated or subject to restrictions inconsistent with work as a packer. It was highly likely that Endeavour Foundation would establish the inherent requirements defence for both the termination and refusal to re-employ, so the complaint lacked substance and it was not fair and just to grant leave.

Jurisdiction
Australia
Judgment Date
01 March 2011
Procedural Posture
Complaint of Disability Discrimination / Application for Leave to Proceed After the President of the Anti Discrimination Board Declined the Complaint as Lacking in Substance
Outcome
Leave for Mr Edmundson's complaint of disability discrimination to proceed is refused.
Legal Topics
['disability Discrimination' 'direct Discrimination' 'dismissal' 'refusal to Offer Employment' 'inherent Requirements Defence' 'leave to Proceed']
['anti Discrimination Law' 'employment Law'] ['disability Discrimination' 'direct Discrimination' 'dismissal' 'refusal to Offer Employment' 'inherent Requirements Defence' 'leave to Proceed']

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Procedural Posture

Complaint of Disability Discrimination / Application for Leave to Proceed After the President of the Anti Discrimination Board Declined the Complaint as Lacking in Substance

Legal Issues

  1. 1 ["Whether leave should be granted for Mr Edmundson's disability discrimination complaint to proceed." 'Whether the complaint lacked substance because Mr Edmundson was totally incapacitated for work and unable to meet the inherent requirements of employment as a packer.' 'Whether the termination of employment and refusal to re-employ were direct discrimination on the ground of disability.' 'Whether Endeavour Foundation would likely establish the inherent requirements defence under s 49D(4) of the AD Act.']

Ratio Decidendi

Although it was arguable that Endeavour Foundation directly discriminated against Mr Edmundson because the reason for terminating and not re-employing him was that his disability rendered him totally unfit for work, the medical evidence showed he was totally incapacitated or subject to restrictions inconsistent with work as a packer. It was highly likely that Endeavour Foundation would establish the inherent requirements defence for both the termination and refusal to re-employ, so the complaint lacked substance and it was not fair and just to grant leave.

Court Disposition

Leave for Mr Edmundson's complaint of disability discrimination to proceed is refused.

Orders

  • ["Leave for Mr Edmundson's complaint of disability discrimination to proceed is refused."]