Aouad v McDonalds Australia Limited [2019] NSWCATAD 261

Aouad v McDonalds Australia Limited [2019] NSWCATAD 261

Although the Tribunal accepted on the balance of probabilities that Isaac Aouad has autism and that autism is a disability under the Anti-Discrimination Act 1977, the evidence did not establish that he was treated detrimentally or less favourably. The employees called out the order number several times in accordance with usual practice for any customer who had not collected an order, did not know Isaac had placed the order, did not know he had a disability, and did not act on the basis of disability. The discrimination application was therefore dismissed. The Applicant's conduct at hearing, including failure to appear without notice, limited telephone availability, requiring repeated...

Jurisdiction
Australia
Judgment Date
13 December 2019
Procedural Posture
Disability Discrimination Complaint in Relation to Provision of Goods and Services, With Costs Application / Principal Judgment After Hearing
Outcome
Application dismissed; costs ordered for the Respondent.
Legal Topics
['disability Discrimination' 'provision of Goods and Services' 'comparator for Less Favourable Treatment' 'causation on the Ground of Disability' 'special Circumstances Warranting Costs']
['human Rights' 'discrimination' 'costs'] ['disability Discrimination' 'provision of Goods and Services' 'comparator for Less Favourable Treatment' 'causation on the Ground of Disability' 'special Circumstances Warranting Costs']

Case Brief

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Procedural Posture

Disability Discrimination Complaint in Relation to Provision of Goods and Services, With Costs Application / Principal Judgment After Hearing

Legal Issues

  1. 1 ['Whether Isaac Aouad had a disability within the meaning of the Anti-Discrimination Act 1977.' 'Whether the Respondent, through its employees, treated Isaac Aouad less favourably than a person without that disability in the same circumstances.' "Whether any less favourable treatment was on the ground of Isaac Aouad's disability." "Whether special circumstances warranted an order that the Applicant pay the Respondent's costs."]

Ratio Decidendi

Although the Tribunal accepted on the balance of probabilities that Isaac Aouad has autism and that autism is a disability under the Anti-Discrimination Act 1977, the evidence did not establish that he was treated detrimentally or less favourably. The employees called out the order number several times in accordance with usual practice for any customer who had not collected an order, did not know Isaac had placed the order, did not know he had a disability, and did not act on the basis of disability. The discrimination application was therefore dismissed. The Applicant's conduct at hearing, including failure to appear without notice, limited telephone availability, requiring repeated...

Court Disposition

Application dismissed; costs ordered for the Respondent.

Orders

  • ['The Application is dismissed.' "The Applicant is to pay the Respondent's costs in the amount of $4632 within 28 days."]