Lonie v LiveBetter Services Limited [2023] NSWCATAD 60

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Lonie v LiveBetter Services Limited [2023] NSWCATAD 60 Hearing dates: 28 and 29 November 2022 Date of orders: 17 March 2023 Decision date: 17 March 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: L Andelman, Senior Member K Stubbs, General Member Decision: 1. The complaint is substantiated. 2. The respondent is to pay the applicant $10 000 for general damages within 28 days of the date of this order. 3. The parties are to file and serve any evidence and submissions as to the appropriate rate of pay and level of superannuation the applicant would have been paid had she been employed by the respondent within 28 days of the date of this order. 4. The parties are to indicate in their submissions whether they seek to be heard or whether they consider that the Tribunal may determine the matter without a hearing pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013. Catchwords: HUMAN RIGHTS – discrimination on the ground disability – discrimination in work - discrimination against an applicant – in the arrangements the employer makes for the purpose of determining who should be offered employment – employer's determination who should be offered employment – unable to carry out inherent requirements- require services or facilities – impose unjustifiable hardship. Legislation Cited: Anti-Discrimination Act 1977 (NSW) Work Health and Safety Act 2011 (NSW) Cases Cited: AB v State of Western Australia (2011) 244 CLR 390; [2011] HCA 42 Coleman v Commissioner of Police [2001] NSWADT 34 Commissioner of Police, NSW Police v Mooney (No 3) [2004] NSWADTAP 22 Commissioner of Police, NSW Police v Zraika [2005] NSWADTAP 1 Dell v Dalton (1991) 23 NSWLR 528 Hall v Sheiban (1985) ALR 503 Holdaway v Qantas Airways Limited (1992) EOC 92-395 Green v Department of Family and Community Services [2013] NSWADT 193 King v Jetstar Airways Pty Ltd (No 2) [2012] FCA 8; 286 ALR 149 Purvis v State of New South Wales [2003] HCA 62; (2003) 217 CLR 92 Qantas Airways Ltd v Christie [1998] HCA 18; (1998) 193 CLR 280 Richardson v Oracle Corporation Australia Pty Ltd [2014] FCAFC 82; (2014) 223 FCR 334 Zraika v Commissioner of Police, New South Wales [2004] NSWADT 67 X v Commonwealth [1999] HCA 63;(1999) 200 CLR 177 Category: Principal judgment Parties: Kirstie Lonie (Applicant) LiveBetter Services Limited (Respondent) Representation: Counsel: M McKenney (Applicant) A Hartnett (Respondent)