Ponraj v Wycombe Services Pty Ltd [2023] FCA 118

Federal Court of Australia

Ponraj v Wycombe Services Pty Ltd [2023] FCA 118 File number(s): VID 727 of 2020

Judgment of: MCELWAINE J

Date of judgment: 22 February 2023

Catchwords: HUMAN RIGHTS – disability discrimination – direct and/or indirect discrimination in employment by reason of temporary disability – where applicant contends direct discrimination by reason of respondent's refusal of his request to provide remote access to work from home – whether applicant was treated less favourably than relevant comparator – whether disability was the basis or reason for refusal of his request – where applicant contends indirect discrimination by reason of a requirement to attend premises to work in circumstances where remote access was refused – whether any such requirement found – application dismissed CONTRACTS – Cross-claim for breach of Services to Practitioner Agreement – where cross-respondent alleges breach of agreement due to unexplained absences and breach of exclusivity clause – cross-claim allowed

Legislation: Australian Human Rights Commission Act 1986 (Cth) ss 46O, 46PH(1B)(b) Disability Discrimination Act 1992 (Cth) ss 3, 4, 5(2), 6(1), 11, 15 Disability Discrimination and Other Human Rights Legislation Amendment Act 2009 (Cth) Federal Court of Australia Act 1976 (Cth) s 51A Federal Court Rules 2011 (Cth) r 30.01 Explanatory Memorandum, Disability Discrimination and Other Human Rights Legislation Amendment Bill 2008 (Cth)

Cases cited: Australian Iron & Steel Pty Ltd v Banovic (1989) 168 CLR 165 Catholic Education Office v Clarke (2004) 138 FCR 121; [2004] FCAFC 197 Commonwealth Bank of Australia v Human Rights and Equal Opportunity Commission (1997) 80 FCR 78 Hurst v State of Queensland (2006) 151 FCR 562; [2006] FCAFC 100 McDonald v Dennys Lascelles Ltd (1933) 48 CLR 457 Munday v Commonwealth (No 2) (2014) 226 FCR 199; [2014] FCA 1123 New South Wales v Amery (2006) 230 CLR 174; [2006] HCA 14 Nojin v Commonwealth (2012) 283 ALR 800; [2011] FCA 1066 Nojin v Commonwealth (2012) 208 FCR 1; [2012] FCAFC 192 Purvis v State of New South Wales (Department of Education and Training) (2003) 217 CLR 92; [2003] HCA 62 Qantas Airways Ltd v Gama (2008) 167 FCR 537; [2008] FCAFC 69 Sklavos v Australian College of Dermatologists [2016] FCA 179 Sklavos v Australasian College of Dermatologists (2017) 256 FCR 247; [2017] FCAFC 128 Sluggett v Human Rights and Equal Opportunity Commission (2002) 123 FCR 561; [2002] FCA 987 State of New South Wales (Department of Justice - Corrective Services) v Huntley [2017] FCA 581 Tropoulos v Journey Lawyers Pty Ltd (2019) 87 IR 363; [2019] FCA 436 Walker v State of Victoria [2012] FCAFC 38 Waters v Public Transport Corporation (1991) 173 CLR 349 Watts v Australian Postal Corporation (2014) 222 FCR 220; [2014] FCA 370