Federal Court of Australia
Federal Court of Australia
Gordon v St Vincent's Hospital Sydney Limited [2023] FCA 1188 File number(s): NSD 834 of 2021
Judgment of: ABRAHAM J
Date of judgment: 6 October 2023
Catchwords: HUMAN RIGHTS – Disability discrimination in employment – where employment terminated – where pleadings deficient – whether respondent failed to make reasonable adjustments for employee – whether any failure to make reasonable adjustments had the effect that the applicant was treated less favourably constituting direct disability discrimination. HELD – claims not established – application dismissed.
Legislation: Disability Discrimination Act 1992 (Cth) s 4, 5(2), 11, 15(2)(a), 15(2)(c), 21A, 21B Work Health and Safety Act 2011 (NSW)
Cases cited: Allianz Australia Insurance Ltd v Delor Vue Apartments CTS 39788 [2021] FCAFC 121; (2021) 287 FCR 388 Banque Commerciale SA, En Liquidation v Akhil Holdings Ltd [1990] HCA 11; (1990) 169 CLR 279 Berry v State of South Australia [2017] FCA 702 Chircop v Technical and Further Education Commission [2022] FCA 1015 Deam v Starlight Children's Foundation Australia [2023] FCA 259 Izzo v State of Victoria (Department of Education and Training) [2020] FCA 770 Forbes v Australian Federal Police [2004] FCAFC 95 Munday v Commonwealth of Australia (No 2) [2014] FCA 1123; (2014) 226 FCR 199 Ponraj v Wycombe Services Pty Ltd [2023] FCA 118 Purvis v State of New South Wales (Department of Education and Training) [2003] HCA 62; (2003) 217 CLR 92 Sievwright v State of Victoria [2012] FCA 118 Sklavos v Australasian College of Dermatologists [2017] FCAFC 128; (2017) 256 FCR 247 State of New South Wales (Department of Justice - Corrective Services) v Huntley [2017] FCA 581 Varasdi v State of Victoria [2018] FCA 1655 Watts v Australian Postal Corporation [2014] FCA 370; (2014) 222 FCR 220 Walker v State of Victoria [2011] FCA 258; (2011) 279 ALR 284 Wilson v Britten-Jones (No 2) [2020] FCA 1290 Winters v Fogarty [2017] FCA 51 Zhang v University of Tasmania [2009] FCAFC 35; (2009) 174 FCR 366
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