Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Cosma v Qantas Airways Limited [2002] FCA 640 ANTI-DISCRIMINATION – application in respect of disability discrimination – applicant injured in 1991 while working as porter – subsequent rehabilitation program – applicant engaged in clerical and other light duties – employment terminated in 1997 on the ground of disability –– whether "particular employment" was employment as porter – what were "inherent requirements" of applicant's particular employment whether applicant unable to carry out "inherent requirements of the particular employment" – whether "services" or "facilities" required – assessment of compensation WORDS AND PHRASES – "particular employment", "inherent requirements", "services", "facilities"
Disability Discrimination Act 1992 (Cth) s 15(4) Human Rights and Equal Opportunity Act 1986 (Cth) s 46PO(4)(d) X v Commonwealth (1999) 200 CLR 177 at [67] and [105] – [106], [102] applied Qantas Airways Ltd v Christie (1998) 193 CLR 280 at [1], [34], [36], [38] applied SILVANO COSMA v QANTAS AIRWAYS LIMITED V118 OF 2001 HEEREY J 21 MAY 2002 MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V118 OF 2001
BETWEEN: SILVANO COSMA
APPLICANT
AND: QANTAS AIRWAYS LIMITED
RESPONDENT
JUDGE: HEEREY J
DATE OF ORDER: 21 MAY 2002
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT: 1. The application is dismissed. 2. The applicant pay the respondent's costs including reserved 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 V118 OF 2001
BETWEEN: SILVANO COSMA
APPLICANT
AND: QANTAS AIRWAYS LIMITED
RESPONDENT
JUDGE: HEEREY J
DATE: 21 MAY 2002
PLACE: MELBOURNE
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