Keys v Department of Disability, Housing & Community Services [2011] FCA 1424

FEDERAL COURT OF AUSTRALIA

Keys v Department of Disability, Housing & Community Services [2011] FCA 1424 Citation: Keys v Department of Disability, Housing & Community Services [2011] FCA 1424

Appeal from: Stephen Keys & Department of Disability, Housing & Community Services & Ors [2011] FMCA 35

Parties: STEPHEN KEYS v DEPARTMENT OF DISABILITY, HOUSING & COMMUNITY SERVICES, PATRICIA GOTOVAC and MICHAEL BEARDSLEY

File number: ACD 6 of 2011

Judge: BENNETT J

Date of judgment: 14 December 2011

Catchwords: INDUSTRIAL LAW – whether appellant's employment terminated for reason within s 659(2)(e) of Workplace Relations Act 1996 (Cth) – respondents admit termination of appellant's employment was for reason of "mental disability" and falls within s 659(2)(f) of Workplace Relations Act – whether s 659(3) of Workplace Relations Act applies

Legislation: Disability Discrimination Act 1992 (Cth) s 15(4) Workplace Relations Act 1996 (Cth) ss 659(2)(e), 659(2)(f), 659(3), 664

Cases cited: Barclay v The Board of Bendigo Regional Institute of Technical and Further Education (2011) 191 FCR 212 discussed Power v Aboriginal Hostels Limited (2003) 133 FCR 254 distinguished Qantas Airways Limited v Christie (1998) 193 CLR 280 cited Stevenson v Murdoch Community Services Inc (2010) 202 IR 266 cited X v Commonwealth of Australia (1999) 200 CLR 177 cited

Date of hearing: 22 November 2011

Place: Canberra

Division: FAIR WORK DIVISION