Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Varas v Fairfield City Council [2009] FCA 689
DISCRIMINATION LAW – discrimination – imputed disability – appropriate comparator – reasonable imposition of requirement on an employee to attend a medical examination to determine fitness to perform duties – what constitutes subjecting an employee to 'any other detriment' Held: appeal from finding that employer did not discriminate against employee on the ground of a disability imputed to the employee, dismissed Disability Discrimination Act 1992 (Cth) ss 4(1), 5, 6, 10 and 15 Human Rights and Equal Opportunity Commission Act 1986 (Cth) ss 46PE, 46PH, 46PO and 46PR Federal Court of Australia Act 1976 (Cth) ss 24(1)(d) and 25(1A) Purvis v State of New South Wales (Department of Education and Training) (2003) 217 CLR 92 O'Callaghan v Loder [1983] 3 NSWLR 89 Ministry of Defence v Jeremiah [1980] QB 87 Leonard v Youth Hostels Association of Victoria (1995) EOC 92-763 Zhang v University of Tasmania [2009] FCAFC 35 Blackadder v Ramsey Butchering Services Pty Ltd (2002) 118 FCR 395 Thompson v IGT (Australia) Pty Limited (2008) 173 IR 395 MONICA VARAS v FAIRFIELD CITY COUNCIL
NSD 1584 of 2008
GRAHAM J
25 JUNE 2009
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1584 of 2008
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: MONICA VARAS
Appellant
AND: FAIRFIELD CITY COUNCIL
Respondent
JUDGE: GRAHAM J
DATE OF ORDER: 25 JUNE 2009
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The appeal be dismissed. 2. The appellant pay the respondent's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using eSearch on the Court's website. IN THE FEDERAL COURT OF AUSTRALIA
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