Lavery -v- Commissioner of Fire Brigades [2003] NSWADT 93

CITATION: Lavery -v- Commissioner of Fire Brigades [2003] NSWADT 93 DIVISION: Equal Opportunity Division APPLICANT PARTIES: Terence Lavery RESPONDENT Commissioner of Fire Brigades FILE NUMBER: 011023 HEARING DATES: 8/10/2001 - 10/10/2001, 11/02/2002 - 15/11/2002, 22/04/2002, 20/05/2002, 06/08/2002 SUBMISSIONS CLOSED: 08/06/2002 DATE OF DECISION: 05/06/2003

BEFORE: Rees N - Judicial Member; Silva A - Member; Nemeth de Bikal L - Member APPLICATION: Disability Discrimination - In work MATTER FOR DECISION: Principal matter Administrative Decisions Tribunal Act 1997 Crimes Act 1900 Disability Discrimination Act 1992 (Cth) Fire Brigades Act 1989 LEGISLATION CITED : Industrial Relations Act 1996 Liquor Act 1982 Occupational Health and Safety Act 1983 Occupational Health and Safety Act 2000 Public Health Act 1991 Clinch v Commissioner of Police (1984) EOC 92-115 Burrows v NSW Commissioner of Police (1994) EOC 92-654 David Jones (Australia) Pty Ltd v P (unreported, Supreme Court of NSW (Abadee J), 29 August 1997) State Transit Authority v Sloey [1999] NSWSC 47 French v Sydney Turf Club [1999] NSWCA 195 Cargill Australia Limited v Higginson [2002] NSWADTAP 20 French v Sydney Turf Club Ltd (No 2) [2002] NSWADT 98 Perlidis v Brambles Security Services Ltd [2003] NSWADT 11 X v Commonwealth (1999) 74 ALJR 176 Commonwealth of Australia v Williams [2002] FCAFC 435 Coleman v Commissioner of Police [2001] NSWADT 34 Maxwell v Commissioner of Corrective Services [2001] NSWADTAP 21 Peck v Commissioner of Corrective Services [2002] NSWADT 122 CASES CITED: Wollongong City Council v Bonella [2002] NSWADTAP 26 Commonwealth of Australia v Williams [2002] FCAFC 435 Bonella v Wollongong City Council [2001] NSWADT 194 Commissioner of Corrective Services v Aldridge [2000] NSWADTAP 5 David Jones (Australia) Pty Ltd v "P" (unreported, Supreme Court of NSW, 29 August 1997) X v Commonwealth (2000) 74 ALJR 176 CES v Superclinics (Australia) Pty Ltd (1995) 38 NSWLR 47 Holdaway v Qantas Airways Limited (1992) EOC 92-430 Byrne v Australian Airlines Ltd (1995) 185 CLR 410 Allders International Pty Ltd v Anstee (1986) 5 NSWLR 47 Hall v A & A Sheiban Pty Ltd (1989) 20 FCR 217 Alexander v Home Office [1988] 2 All ER 118 APPLICANT REPRESENTATION: B Vukadinovic, barrister RESPONDENT G Farkas, barrister ORDERS: 1. Within 14 days of the date of this order the parties are to file and serve documents which contain calculations concerning the additional wages and other remuneration which the applicant would have received had he been employed by the respondent as a Firefighter Level 4 from 9 September 1999 to 8 September 2000 and as a Qualified Firefighter from 9 September 2000 to date.2. Within 28 days of the date of this order the respondent is to pay to the applicant the sum of $10,000 by way of general damages.3. From the date of this order the respondent is to provide the applicant with the rate of pay and other remuneration of a Qualified Firefighter until the applicant ceases employment with the respondent or is promoted to a higher rank.; 4. Within 42 days of the date of this order the applicant is to file and serve written submissions in support of any application he proposes to make for costs.; 5. Within 14 days of receiving the applicant's written submissions in relation to costs the respondent is to file and serve written submissions in response.; 6. Any application by the applicant for an order for costs is to be set down for hearing on a date to be determined by the Registrar.7. Both parties have liberty to apply to the Tribunal for further orders pertaining to the operation of these orders.