Fuad v Telstra Corporation [2009] NSWADT 251

CITATION: Fuad v Telstra Corporation [2009] NSWADT 251

DIVISION: Equal Opportunity Division

APPLICANT Paul Fuad PARTIES: RESPONDENT Telstra Corporation Limited

FILE NUMBER: 081098

HEARING DATES: 22, 23, 24 April 2009

SUBMISSIONS CLOSED: 24 April 2009

DATE OF DECISION: 29 September 2009

BEFORE: Britton A - Deputy President; Hiffernan N - Non-Judicial Member; Nemeth de Bikal L - Non-Judicial Member

CATCHWORDS: Complaint of disability discrimination – employment

LEGISLATION CITED : Anti-Discrimination Act 1977 (NSW) Disability Discrimination Act 1992 (Cth)

Baalbaki v Rail Corporation of New South Wales [2009] NSWADT 47 CASES CITED: Laycock v Commissioner of Police, NSW Police [2006] NSWADT 261 Purvis v New South Wales (2003) 217 CLR 92 Sivananthan v Commissioner of Police, New South Wales Police Service [2001] NSWADT 44

APPLICANT In person REPRESENTATION: RESPONDENT K Eastman, barrister

ORDERS: 1.The complaint of discrimination on the ground of disability is dismissed.

REASONS FOR DECISION

1 Mr Paul Fuad claims he has been subjected to unlawful discrimination on the ground of disability by his employer, Telstra Corporation. The gravamen of his complaint is Telstra's decision to remove him from a position he had been performing despite having restricted use of an elbow and to direct him to perform duties he was unfit to perform. As a consequence of this decision Mr Fuad claims he had no option but not to report to work and take up his personal leave entitlements. This, he contends, was part of Telstra's strategy to 'shake him up a bit' and force him to take a redundancy.