Hinder v The Salvation Army (NSW) Property Trust (No 3) [2017] NSWCATAD 16

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Hinder v The Salvation Army (NSW) Property Trust (No 3) [2017] NSWCATAD 16 Hearing dates: 18 May 2016, 19 May 2016 and 18 July 2016 Date of orders: 13 January 2017 Decision date: 13 January 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: M Tibbey, Senior Member F Given, General Member Decision: (1) The claim of disability discrimination is dismissed. (2) Any party wishing to have the Tribunal consider costs is directed to notify the Tribunal of that within 21 days of the date of this decision and Directions will be made for submissions on the matter. Unless such application is made, there is no order as to costs. Catchwords: Disability discrimination – gambling addiction – employment Legislation Cited: Civil And Administrative Tribunal Act 2013 Anti-Discrimination Act, 1977 Cases Cited: Purvis v New South Wales (2003) 217 CLR 92 Commissioner of Corrective Services v Aldridge [2000] NSWADTAP 5 Sharma v Legal Aid (Queensland) [2002] FCAFC 196 Dutt v Central Coast Area Health Service [2002] NSWADT 133. McDougall v Kimberley-Clark Australia [2006] VCAT 2211 Thomson v Orica Australia (2002) 116 IR 186 Philip v State of NSW [2011] FMCA 308 Waterhouse v Bell (1991) 25 NSWLR 99 Walker v State of NSW [2003] NSWADT13 Tleyji v The TravelSpirit Group Pty Ltd [2005] NSWADT 294 Norrie v NSW Register of Births Deaths and Marriages [2013] NSWCA 145 Category: Principal judgment Parties: Kathleen Hinder (Applicant) The Salvation Army (NSW) Property Trust (Respondent) Representation: Counsel: P Thew (Respondent)