Smith v Department of Education and Communities [2013] NSWADT 162

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Smith v Department of Education and Communities [2013] NSWADT 162 Hearing dates: 15, 16 and 17 May 2013 Decision date: 22 July 2013 Jurisdiction: Equal Opportunity Division Before: R J Wright SC, Judicial Member A Lowe, Non-Judicial Member N Hiffernan, Non-Judicial Member Decision: The Tribunal: Finds the complaint substantiated in that the respondent unlawfully discriminated against the complainant on the ground of disability in contravention of s 49D(2)(b) and (d) of the Anti-Discrimination Act (NSW) 1977 by refusing to permit him to return work and earn his income on 9 August 2010 because satisfactory return to work arrangements were not in place; Orders the respondent to pay the complainant damages in the sum of $40,500; Orders that the complaint be otherwise dismissed. Catchwords: Disability Discrimination - Employment - Direct Discrimination Legislation Cited: Anti Discrimination Act 1977 (NSW) Occupational Health and Safety Act 2000 (NSW) Trade Practices Act 1974 (Cth) Competition and Consumer Act 2010 (Cth) Cases Cited: Commissioner of Corrective Services ats Aldridge [2000] NSWADTAP 5 Dutt v Central Coast Area Health Service [2000] NSWADT 133 Abdulrahman v Toll Pty Ltd t/as Toll Express [2006] NSWADT 221 Purvis v State of New South Wales (2003) 217 CLR 92 Collier v Austin Health [2011] VSC 344 Boehringer Ingelheim Pty Limited v Reddrop [1984] 2 NSWLR 13 Marsden v HREOC & Coffs Harbour & District Ex-Servicemen & Women's Memorial Club Ltd [2000] FCA 1619 Haines v Leves (1987) 8 NSWLR 442 Toll Pty Ltd t/as Toll Express v Abdulrahman [2007] NSWADT 70 Jones v Dunkel (1959) 101 CLR 298 Trevanion v Wyangala Country Club (No.2) [2013] NSWADT 27 Commissioner of Police v Mooney (No.3) [2004] NSWADTAP 22 Henville v Walker (2001) 206 CLR 456 Murphy v Overton Investments Pty Ltd (2001) 112 FCR 182 Murphy v Overton Investments Pty Ltd (2004) 216 CLR 388 Hall v A & A Sheiban Pty Ltd (1989) 29 FCE 217 Bonella v Wollongong City Council [2001] NSWADT 194 Category: Principal judgment Parties: Graham Smith (Applicant) Department of Education and Communities (Respondent) Representation: Counsel A Howell (Applicant) S Benson (Respondent) Moray and Agnew (Respondent) File Number(s): 121063