Choi v Deloitte Touche Tomatsu [2016] NSWCATAD 304

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Choi v Deloitte Touche Tomatsu [2016] NSWCATAD 304 Hearing dates: 25-27 November 2015, 10 February 2016 Date of orders: 22 December 2016 Decision date: 22 December 2016 Jurisdiction: Administrative and Equal Opportunity Division Before: M. Tibbey, Senior Member A. Lowe, General Member Decision: 1.The Applicant's complaint of discrimination is upheld. 2.The Applicant is awarded $14,307.69 compensation for unpaid leave and $10,000 for non-economic loss. 3.The Applicant is awarded the difference between her usual salary including superannuation and the workers compensation payments she received until 13 January 2014, 4.Parties have leave to advise the Registry within 21 days of this decision of any application to determine the quantum of Order 3 set out above and/or costs. Catchwords: Disability discrimination – illness in workplace – whether Applicant discriminated against on grounds of illness. Legislation Cited: Civil And Administrative Tribunal Act 2013 Anti-Discrimination Act 1977 Cases Cited: Purvis v State of New South Wales [2003] HCA 62; (2003) 217 CLR 92; Wright v Commissioner of Police [2014] NSWCATAP 67 at [159] Lipman v Commissioner of Police [2015] NSWCATAD 250 Category: Principal judgment Parties: Paige Choi (Applicant) Deloitte Touche Tomatsu (Respondent) Representation: Counsel: Mr G. Boyce (Applicant) Ms V L O'Halloran (Respondent)