Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Daccache v BOC Limited [2020] FCA 485 File number: WAD 79 of 2020
Judge: MCKERRACHER J
Date of judgment: 16 April 2020
Catchwords: HUMAN RIGHTS – application under s 46PP(1)(a) of the Australian Human Rights Commission Act 1986 (Cth) for orders preserving the status quo – where application brought after employment was terminated – where complaint to Australian Human Rights Commission pending – where no order sought as to payment of wages - whether a prima facie case established – whether applicant's delay was justified – whether balance of convenience favoured relief INDUSTRIAL LAW – termination of employment – where employee unable to work due to non-work injury for extended period – conflicting medical reports – reasonable adjustment termination claimed to be on the basis of unlawful discrimination pursuant to s 15(2)(c) of the Disability Discrimination Act 1992 (Cth)
Legislation: Age Discrimination Act 2004 (Cth) s 18 Australian Human Rights Commission Act 1986 (Cth) ss 46PF(1)(b), 46PG, 46PH, 46PO, 46PO(4)(c), 46PO(4)(d), 46PP, 46PP(1)(a) Disability Discrimination Act 1992 (Cth) ss 4, 5, 5(1), 5(2), 15, 21A, 21B
Cases cited: Australian Broadcasting Corporation v O'Neill (2006) 227 CLR 57 Carlsson v Ford [2019] FCA 584 Harcourt v BHP Billiton Iron Ore Pty Ltd (No 2) [2008] FMCA 1100 McIntosh v Australian Postal Corporation [2001] FCA 1012 Purvis v New South Wales (2003) 217 CLR 92 Watts v Australian Postal Corporation (2014) 222 FCR 220
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