McGowan v RailCorporation, New South Wales [2006] NSWADT 220

McGowan v RailCorporation, New South Wales [2006] NSWADT 220

The Tribunal granted the interim order because the Applicant had an arguable case, the Respondent's statements that he could no longer work as a customer services attendant and might be medically retired unless he found alternative employment disturbed the status quo or at least created a real and material risk to it, the Applicant could suffer irreparable financial harm including potential loss of his home, and the prejudice to the Respondent's managerial prerogative did not outweigh the need to preserve the status quo pending determination.

Jurisdiction
Australia
Judgment Date
01 August 2006
Procedural Posture
Application for Interim Order Under S 105 of the Anti Discrimination Act 1977 / Preliminary Matter
Outcome
Application granted; interim order made.
Legal Topics
['interim Order' 'disability Discrimination' 'employment Discrimination' 'preservation of Status Quo' 'colour Vision Deficiency']
['anti Discrimination Law' 'employment Law'] ['interim Order' 'disability Discrimination' 'employment Discrimination' 'preservation of Status Quo' 'colour Vision Deficiency']

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Procedural Posture

Application for Interim Order Under S 105 of the Anti Discrimination Act 1977 / Preliminary Matter

Legal Issues

  1. 1 ["Whether an interim order should be made under s 105 of the Anti-Discrimination Act 1977 preserving the applicant's current position until determination of the matter by the Tribunal." 'Whether there was a disturbance of, or real and material risk to, the status quo between the parties.' 'Whether the applicant would suffer irreparable damage if the interim order were not made.' 'Whether the balance of convenience favoured granting the interim order.']

Ratio Decidendi

The Tribunal granted the interim order because the Applicant had an arguable case, the Respondent's statements that he could no longer work as a customer services attendant and might be medically retired unless he found alternative employment disturbed the status quo or at least created a real and material risk to it, the Applicant could suffer irreparable financial harm including potential loss of his home, and the prejudice to the Respondent's managerial prerogative did not outweigh the need to preserve the status quo pending determination.

Court Disposition

Application granted; interim order made.

Orders

  • ['That the Applicant remain in his current position as a Non-Safety Critical Customer Attendant, Level 2, at St Marys Railway station until the determination of this matter by the Tribunal.']