Walsh v Hunter New England Local Health District [2020] NSWCATAD 134

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Walsh v Hunter New England Local Health District [2020] NSWCATAD 134 Hearing dates: 17, 18 February 2020, 26 February 2020 (Respondent's final submissions) Date of orders: 19 May 2020 Decision date: 19 May 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: A Britton, Principal Member J Goodman-Delahunty, General Member Decision: (1) The complaints of discrimination on the grounds of disability are substantiated. (2) The complaints of victimisation are dismissed. (3) Within 28 days of the date of this decision, Ms Walsh must notify the Tribunal if agreement is unable to be reached on the amount of compensation payable under s 108(1)(a) of the Anti-Discrimination Act 1977 (NSW). (4) Any party wishing to comment on the form of the following proposed order must file and serve brief submissions within 28 days of the date of this decision: "The LHD must refrain from rostering Ms Walsh to work morning shifts and night shifts. This order does not prevent the LHD requiring Ms Walsh to attend meetings, professional development, training or associated activities outside the period 13:00 to 22:00". Catchwords: EQUAL OPPORTUNITY — indirect discrimination —whether the applicant complies or is able to comply with the subject requirement — evaluation of compliance in a practical, not theoretical sense

EQUAL OPPORTUNITY — indirect discrimination — whether the subject requirement is not reasonable having regard to the circumstances of the case — factors relevant to determining whether subject requirement is not reasonable