Stefanac v Secretary, Department of Family and Community Services [2018] NSWCATAD 106

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Stefanac v Secretary, Department of Family and Community Services [2018] NSWCATAD 106 Hearing dates: 6 December 2017 and 23 and 24 April 2018 Date of orders: 23 May 2018 Decision date: 23 May 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: Hennessy LCM, Deputy President Dr J Goodman-Delahunty, General Member Decision: 1. The complaint of discrimination is substantiated. 2. The Secretary, Department of Family and Community Services is to pay damages of $20,000 to Ms Stefanac within 28 days of this decision. Catchwords: HUMAN RIGHTS – complaint of assumed disability discrimination – where employer directed employee to go on sick leave because it was thought that she had a mental illness – applicability of differential treatment element of direct discrimination to assumed disability complaints Legislation Cited: Anti-Discrimination Act 1977 (NSW), ss 4, 4A, 49A, 49B, 49D, 53(1), 54 and 108 Cases Cited: Alexander v Home Office [1988] 2 All ER 118 Commissioner of Corrective Services v Aldridge (EOD) [2000] NSWADTAP 5 O'Callaghan v Loder (1983) 3 NSWLR 89 Purvis v New South Wales [2003] HCA 62; 217 CLR 92 Sivananthan v Commissioner of Police, New South Wales Police Service [2001] NSWADT 44 Texts Cited: Rees, Rice and Allen, Australian Anti-Discrimination and Equal Opportunity Law, (3rd ed, 2018, The Federation Press) Category: Principal judgment Parties: Jennifer Stefanac (Applicant) Secretary, Department of Family and Community Services (Respondent) Representation: Counsel: M Mando (Applicant) (6 December 2017) A Joseph (Respondent)