27 Sept 2000
K AND OTHERS v. SECRETARY FOR JUSTICE
- Citation
- K AND OTHERS v. SECRETARY FOR JUSTICE
- Court
- District Court
- Case number
- DCEO4/1999
Blanket exclusion of applicants on the basis of an associate's mental illness (schizophrenia) was not justified under s12(2) because the employer failed to conduct individualized assessments; measured individualised, age-corrected risks (approximately 4% reduced further by absence of prodromal signs) and comparative risk analysis showed no real risk to safety sufficient to displace s11 protections; therefore s12(2) exception did not apply and the refusals/dismissal were unlawful.