Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Berry v State of South Australia [2017] FCA 702 File number: SAD 233 of 2015
Judge: CHARLESWORTH J
Date of judgment: 21 June 2017
Catchwords: HUMAN RIGHTS – disability discrimination — disability necessitating absences from workplace in excess of leave entitlements — discretionary leave without pay — whether employer unlawfully discriminated against employee in the administration of discretionary unpaid leave PRACTICE AND PROCEDURE – application for declaratory relief by consent – circumstances in which declaratory relief will be granted – requirement for contraventions to be established by agreed or proven facts –parties agreeing mixed questions of fact and law – necessity for precision in agreed facts
Legislation: Australian Human Rights Commission Act 1986 (Cth), s 46PO Disability Discrimination Act 1992 (Cth), ss 4, 5, 6, 15, 21A, 35 Evidence Act 1995 (Cth), s 191 Police Act 1998 (SA), s 45
Cases cited: Australian Competition and Consumer Commission v Cement Australia Pty Ltd [2014] FCA 148 Australian Competition and Consumer Commission v Real Estate Institute of Western Australia Inc [1999] FCA 18, (1999) 161 ALR 79 BMI Ltd v Federated Clerks Union of Australia [1983] FCA 403, (1983) 51 ALR 401 Commonwealth v Restar [2016] FCA 657
Date of hearing: 19 and 26 September 2016
Date of last submissions: 5 May 2017
Registry: South Australia
Division: General Division
National Practice Area: Employment & Industrial Relations
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