Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Stevenson v Murdoch Community Services Inc [2010] FCA 648
Citation: Stevenson v Murdoch Community Services Inc [2010] FCA 648
Parties: HEATHER ANN STEVENSON v MURDOCH COMMUNITY SERVICES INC HEATHER ANN STEVENSON v MURDOCH COMMUNITY SERVICES INC and NANCY McCOLL BOWEN
File number: VID 661 of 2009 VID 737 of 2009
Judge: GORDON J
Date of judgment: 23 June 2010
Catchwords: DISABILITY DISCRIMINATION – direct discrimination – discrimination in employment – victimisation – whether disability is established on the evidence
WORKPLACE RELATIONS – unlawful termination of employment – temporary absence from work because of illness – reversal of onus of proof
Legislation: Disability Discrimination Act 1992 (Cth) Disability Discrimination and Other Human Rights Legislation Amendment Act 2009 (Cth) Fair Work Act 2009 (Cth) Human Rights and Equal Opportunity Commission Act 1986 (Cth) Workplace Relations Act 1996 (Cth)
Federal Court Rules Workplace Relations Regulations 2006 (Cth)
Cases cited: AON Risk Services Australia Limited v Australian National University(2009) 239 CLR 175 Australian Ophthalmic Supplies Pty Ltd v McAlary-Smith (2008) 165 FCR 560 Commonwealth Bank of Australia v Finance Sector Union of Australia (2007) 157 FCR 329 Construction, Forestry, Mining and Energy Union v Coal and Allied Operations Pty Ltd (1999) 140 IR 131 Construction, Forestry, Mining and Energy Union v Coal and Allied Operations Pty Ltd (No 2) (1999) 94 IR 231 Davids Distribution Pty Ltd v National Union of Workers (1999) 91 FCR 463 Flanagan v Murdoch Community Services Inc [2010] FCA 647 Fox v St Barbara Mines Ltd [1998] FCA 621 Greater Dandenong City Council v Australian Municipal, Clerical and Services Union (2001) 112 FCR 232 Kelly v Fitzpatrick (2007) 166 IR 14 Laz v Downer Group (2000) 108 IR 244 Maritime Union of Australia v Geraldton Port Authority (1999) 93 FCR 34 Plancor Pty Ltd v Liquor, Hospitality and Miscellaneous Union (2008) 171 FCR 357 Purvis v New South Wales (Department of Education and Training) (2003) 217 CLR 92 Qantas Airways Ltd v Gama (2008) 167 FCR 537 Rojas v Esselte Australia Pty Ltd (No 2) (2008) 177 IR 306 Seymour v Saint-Gobain Abrasives Pty Ltd (2006) 161 IR 9 SPI Spirits (Cyprus) Ltd v Diageo Australia Ltd (No 4) [2007] FCA 1035 Vickery v Assetta [2004] FCA 555 Zhang v University of Tasmania (2009) 174 FCR 366
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