Daghlian v Australian Postal Corporation [2003] FCA 759

FEDERAL COURT OF AUSTRALIA

Daghlian v Australian Postal Corporation [2003] FCA 759

ANTI-DISCRIMINATION LAW – employment originally in public service – physical disability of employee by reason of bodily malfunction or malformation – public service later corporatised all premises remodelled – chair policy banning stools introduced for counter employees – employee removed from employment at counter upon basis of chair policy introduced by corporatised body – placed on long service leave – upon expiration of long service leave employment purportedly terminated – whether enforcement of chair policy not reasonable in circumstances of disabled employee – whether disabled employee unable to carry out inherent requirements of particular employment – whether facility in form of chair/stool required by disabled employee and not required by employees without disability imposed unjustifiable hardship on employer.

Human Rights and Equal Opportunity Commission Act 1986 (Cth) ss 46PH(1)(i) and 46PO(1) and (4) Disability Discrimination Act 1992 (Cth) ss 3, 6, 11 and 15 Safety, Rehabilitation and Compensation Act 1988 (Cth) s 44 Federal Court of Australia Act 1976 (Cth) s 21

Scott & Anor v Telstra Corporation Limited (1995) EOX 92-717 Scott and Bernadette Finney v The Hills Grammar School [1999] HREOC 14 (unreported, 20 July 1999) The Hills Grammar School v Human Rights and Equal Opportunity Commission (2000) 61 ALD 619 Commonwealth of Australia v Human Rights & Equal Opportunity Commission & Anor (2000) 180 ALR 635 X v The Commonwealth (1999) 200 CLR 177 Waters & Anor v Public Transport Corporation (1991)173 CLR 349 Telstra Corporation Ltd v Flynn (2002) 55 NSWLR 303 Qantas Airways Ltd v Christie (1998) 193 CLR 280 SARAH DAGHLIAN v AUSTRALIAN POSTAL CORPORATION N 1479 OF 2001 CONTI J 23 JULY 2003 SYDNEY