Millar v FQM Australia Nickel Pty Ltd [2022] FCA 1331

Federal Court of Australia

Millar v FQM Australia Nickel Pty Ltd [2022] FCA 1331 File number: WAD 228 of 2022

Judgment of: COLVIN J

Date of judgment: 2 November 2022

Date of publication of reasons: 8 November 2022

Catchwords: HUMAN RIGHTS - application under s 46PP(1)(a) and (b) of the Australian Human Rights Commission Act 1986 (Cth) for orders reinstating employment - where application brought after termination of employment - where complaint to Australian Human Rights Commission pending - where orders seek reinstatement on full paid duties or reinstatement on unpaid leave in the alternative - where primary relief sought to preserve rights which would be enjoyed but for the conduct said to be unlawful discrimination - where alternative relief sought to preserve the pre-existing position of the parties as it relates to proceedings before the Commission - consideration of s 46PP(1)(b) - orders sought in the alternative made INDUSTRIAL LAW - termination of employment - where employee has Crohn's disease and takes medication containing THC - where employee employed on mine site and deals with machinery and hazardous liquids - where employee unable to return a negative drug test - where employee claims that employer has failed to make reasonable adjustments to its drug testing protocol and has thereby engaged in disability discrimination contrary to s 15(2) of the Disability Discrimination Act 1992 (Cth)

Legislation: Australian Human Rights Commission Act (Cth) ss 46P, 46PO, 46PP Disability Discrimination Act 1992 (Cth) s 47 Fair Work Act 2009 (Cth)

Cases cited: Abraham v Housing Authority [2022] FCA 1145 Daccache v BOC Ltd [2020] FCA 485 Wilson v Britten-Jones [2019] FCA 747