ABI v Boral Australia Gypsum Ltd t/as Boral Plasterboard [2011] NSWADT 225

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: ABI v Boral Australia Gypsum Ltd t/as Boral Plasterboard [2011] NSWADT 225 Hearing dates: 17 and 18 February; 7 March 2011 Decision date: 21 September 2011 Jurisdiction: Equal Opportunity Division Before: J Needham SC, Deputy President A Lowe, Non judicial member E Hayes, Non judicial member Decision: 1.The Tribunal orders:- a) dismiss that part of the claim which deals with direct discrimination; b) dismiss that part of the claim which deals with victimisation. Catchwords: Disability discrimination - anonymisation due to community attitude to Hepatitis C Disability discrimination in employment - stood down on medical grounds - return to work plan - whether delayed on grounds of discriminatory treatment Victimisation - treatment after making claim benefitted applicant - whether victimisation Legislation Cited: Anti-Discrimination Act 1977 Administrative Decisions Tribunal Act 1977 Cases Cited: Commissioner of Corrective Services v. Aldridge, [2000] NSWADTAP 5 State Transit Authority v. Sloey [1999] NSWSC 47 Purvis v. New South Wales (2003) 217 CLR 92 Laycock v. Commissioner of Police [2006] NSWADT 261 Penhall-Jones v. State of NSW [2007] FCA 925 Nicholls & Nicholls v. Director-General of the Department of Education and Training (no 2) [2009] NSWADTAP 20 Haines v. Leves (1987) 8 NSWLR 442 Category: Principal judgment Parties: ABI (Applicant) Boral Australian Gypsum Limited (Respondent) Representation: Counsel P Thew (Respondent) Surry Hills Legal Centre (Applicant) Herbert Geer (Respondent) File Number(s): 101093 Publication restriction: Section 75 of the Administrative Decisions Tribunal Act 1997 applies