Cosma v Qantas Airways Ltd [2002] FCAFC 425

FEDERAL COURT OF AUSTRALIA

Cosma v Qantas Airways Ltd [2002] FCAFC 425 DISCRIMINATION LAW – whether appellant unlawfully discriminated against on the grounds of disability – where injured in 1991 while working as a porter in Ramp Services – where subsequently undertook rehabilitation and other duties – whether "particular employment" was as a porter in Ramp Services – whether "inherent requirements" of employment were that of a person employed as a porter in Ramp Services – where appellant could not resume duties as a porter in Ramp Services – whether respondent unlawfully discriminated in terminating employment in 1997 when appellant could not be redeployed in company Words and Phrases – "particular employment" Disability Discrimination Act 1992 (Cth) ss 11, 15 Safety, Rehabilitation and Compensation Act 1988 (Cth) s 40 Waters v Public Transport Corporation (1991) 173 CLR 349 referred to I W v City of Perth (1997) 191 CLR 1 referred to Qantas Airways Limited v Christie (1997-1998) 193 CLR 280 referred to X v The Commonwealth (1999) 200 CLR 177 followed SILVANO COSMA v QANTAS AIRWAYS LIMITED (ACN 009 661 901) V 348 OF 2002 BLACK CJ, FINN & DOWSETT JJ 20 DECEMBER 2002 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 348 OF 2002

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: SILVANO COSMA

APPELLANT

AND: QANTAS AIRWAYS LIMITED (ACN 009 661 901)

RESPONDENT

JUDGES: BLACK CJ, FINN & DOWSETT JJ

DATE OF ORDER: 20 DECEMBER 2002

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The appeal be dismissed with costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 348 OF 2002