Chalker v Murrays Australia Pty Ltd [2017] NSWCATAD 112

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Chalker v Murrays Australia Pty Ltd [2017] NSWCATAD 112 Hearing dates: 13 December 2016 Date of orders: 10 April 2017 Decision date: 10 April 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: Hennessy LCM, Deputy President A Lowe, General Member Decision: 1. The complaint is substantiated. 2. Murrays Australia Pty Ltd is to pay Mr Chalker $10,000 within 14 days of the date of this decision. Catchwords: HUMAN RIGHTS – DIRECT DISCRIMINATION complaint of disability discrimination in employment – where applicant for position of bus driver disclosed that he has borderline personality disorder –prospective employer refuses to employ applicant when the recommendation from an independent medical practitioner was to undertake further evaluation by an independent psychiatrist – where no further investigation undertaken – where applicant was said to be argumentative and difficult –consideration of circumstances for purposes of comparison with an applicant without that disability Legislation Cited: Anti-Discrimination Act 1977 (NSW), s 49, s 104, s 108 Disability Discrimination Act 1992 (Cth), s 15 Passenger Transport Regulation 2007 (NSW), cll 35, 47 Cases Cited: Bonella v Wollongong City Council [2001] NSWADT 194 Commissioner of Corrective Services v Aldridge [2000] NSWADTAP 5 Dutt v Central Coast Area Health Service [2002] NSWADT 133 Green v Department of Family and Community Services [2013] NSWADT 193 FCA 1619 Purvis v State of New South Wales (2003) 217 CLR 92; [2003] HCA 62 Richardson v Oracle Corporation Australia Pty Ltd [2014] FCAFC 82 Seltsam Pty Ltd v McGuiness [2000] NSWCA 29; (2000) 49 NSWLR 262 Sidhu v Raptis [2012] FMCA 338 X v Commonwealth (1999) 200 CLR 177 Texts Cited: Neil Rees, Simon Rice and Dominique Allen, Australian Anti-Discrimination Law, (2nd ed 2014, The Federation Press) at 82 Diagnostic and Statistical Manual of Mental Disorders (5th ed, 2013, American Psychiatric Publishing, Washington DC) at 645, 663–6 Dr Belinda Smith, From Wardley to Purvis - How Far Has Australian Anti-discrimination Law Come in 30 Years? (2008) 21 AJLL 3 Category: Principal judgment Parties: Greg Chalker (Applicant) Murrays Australia Pty Ltd (Respondent) Representation: Solicitors: Applicant (self-represented) Clyde & Co Australia (Respondent) File Number(s): 1610293 Publication restriction: Nil