Sloey -V- State Transit Authority [1998] NSWEOT

Sloey -V- State Transit Authority [1998] NSWEOT

Mr Sloey was discriminated against on the ground of his disability by being denied his position as a bus driver for 12 months despite being certified fit by treating physicians; the rigid application of adopted medical guidelines was not a mandatory legal obligation excusing the discrimination under s.54 of the Act. The absence of individual assessment made the STA's actions unlawful under anti-discrimination law.

Jurisdiction
Australia
Judgment Date
18 June 1998
Procedural Posture
Complaint Disability Discrimination in Employment / Merits Hearing and Decision
Outcome
Judgment for the complainant
Legal Topics
['disability Discrimination' 'direct Discrimination' 'damages' 'application of Medical Standards' 'equal Opportunity']
['anti Discrimination Law' 'employment Law'] ['disability Discrimination' 'direct Discrimination' 'damages' 'application of Medical Standards' 'equal Opportunity']

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Procedural Posture

Complaint Disability Discrimination in Employment / Merits Hearing and Decision

Legal Issues

  1. 1 ['Whether Mr Sloey suffered discrimination on the ground of his disability contrary to the Anti-Discrimination Act 1977 (NSW)' 'Whether actions of the State Transit Authority were unlawful under the Act or excused by other legal obligations' 'Whether damages should be awarded and, if so, the proper quantum']

Ratio Decidendi

Mr Sloey was discriminated against on the ground of his disability by being denied his position as a bus driver for 12 months despite being certified fit by treating physicians; the rigid application of adopted medical guidelines was not a mandatory legal obligation excusing the discrimination under s.54 of the Act. The absence of individual assessment made the STA's actions unlawful under anti-discrimination law.

Court Disposition

Judgment for the complainant

Orders

  • ['The State Transit Authority is to pay damages to Mr Sloey in the sum of $15,882.29 within 28 days of the date of publication of the decision.']