Nesci v TAFE Commission of NSW (No 2) [2005] NSWADT 183

CITATION: Nesci v TAFE Commission of NSW (No 2) [2005] NSWADT 183 DIVISION: Equal Opportunity Division APPLICANT PARTIES: Salvatore Nesci RESPONDENT TAFE Commission of NSW FILE NUMBER: 031105 HEARING DATES: 6-7/12/2004, 15/02/2005, 21/03/2005 SUBMISSIONS CLOSED: 03/21/2005 DATE OF DECISION: 08/08/2005

BEFORE: Britton A - Judicial Member; Weule B - Non Judicial Member; Lowe A - Non Judicial Member APPLICATION: Disability Discrimination - In work MATTER FOR DECISION: Principal matter Anti-Discrimination Act 1977 LEGISLATION CITED : Disability Discrimination Act 1992 (Cth) Trade Practices Act 1974 (Cth) Bonella & ors v Wollongong City Council [2001] NSWADT 194 Commissioner of Police v Estate of Russell (2002) 55 NSWLR 232 Commissioner of Police, NSW Police Service v Estate Edward John Russell [2001] NSWSC 745 Commissioner of Police, NSW Police v Mooney (No 3) (EOD) [2004] NSWADTAP 22 Commonwealth of Australia v The Human Rights and Equal Opportunity Commission (Dopling No 1) (1993) 119 ALR 133 Hall v Sheiban (1985) ALR 503 CASES CITED: Higginson v Cargill Australia Limited [2001] NSWADT 152 Malec v J.C. Hutton Pty Ltd (1990) 169 CLR 638 Munce v Vinidex [1974] 2 NSWLR 235 Purvis v New South Wales (Department of Education and Training) (2003) 202 ALR 133 Sellars v Adelaide Petroleum NL (Poseidon) (1994) 179 CLR 332 Sivananthan v Commissioner of Police, New South Wales Police Service [2001] NSWADT 44 The Commonwealth v. Amann Aviation Pty. Ltd. (1991) 174 CLR 64 APPLICANT REPRESENTATION: B Nesci, solicitor RESPONDENT C Ronalds, barrister ORDERS: 1. That part of the complaint, as it relates to the requirement that the Applicant attend a medical examination, is dismissed; 2. That part of the complaint as it relates to the Offer of Voluntary Redundancy is substantiated; 3. Within 28 days of the date of this order, the Respondent is to pay to the Applicant the sum of $16,075 as damages for economic loss; 4. Within 28 days of the date of this order, the Respondent is to pay to the Applicant the sum of $3,500 as damages for non-economic loss.