Cramer, Trisette v Smithkline Beecham Vangramberg, Loretta v Smithkline Beecham [1997] FCA 606

Cramer, Trisette v Smithkline Beecham Vangramberg, Loretta v Smithkline Beecham [1997] FCA 606

The terminations were for a valid reason, being the incapacity of the applicants to perform the inherent requirements of their employment at a chemical manufacturing plant due to their allergy. All practical steps to accommodate or redeploy the applicants were undertaken, but medical evidence indicated their permanent incapacity. The law does not prevent termination for incapacity related to inherent requirements, and the provisions of the Workplace Relations Act were not contravened.

Jurisdiction
Australia
Judgment Date
02 July 1997
Procedural Posture
Industrial Law – Termination of Employment (unlawful Termination) Applications / Final Judgment
Outcome
applications dismissed
Legal Topics
['termination of Employment' 'capacity/incapacity' 'allergy/disability Discrimination' 'inherent Requirements of Employment']
['industrial Law' 'employment Law'] ['termination of Employment' 'capacity/incapacity' 'allergy/disability Discrimination' 'inherent Requirements of Employment']

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Procedural Posture

Industrial Law – Termination of Employment (unlawful Termination) Applications / Final Judgment

Legal Issues

  1. 1 ['Whether the termination of employment of the applicants was for a valid reason connected with capacity.' 'Whether the employer was required to provide a penicillin-free environment.' 'Whether the terminations were prohibited by reference to physical disability under s.170DF(1)(f) of the Workplace Relations Act 1996.']

Ratio Decidendi

The terminations were for a valid reason, being the incapacity of the applicants to perform the inherent requirements of their employment at a chemical manufacturing plant due to their allergy. All practical steps to accommodate or redeploy the applicants were undertaken, but medical evidence indicated their permanent incapacity. The law does not prevent termination for incapacity related to inherent requirements, and the provisions of the Workplace Relations Act were not contravened.

Court Disposition

applications dismissed

Orders

  • ['The applications are dismissed.']