French v Sydney Turf Club & Anor

[1999] NSWCA 195

NSW Court of Appeal

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Interrogate

Catchwords

1. Discrimination Law
2. › Disability discrimination
3. › Direct discrimination
4. › Whether employer treated disabled employee less favourably than person without disability in same circumstances
5. › Anti-Discrimination Act 1977 (NSW), s 49B(1)(a)
1. Discrimination Law
2. › Disability discrimination
3. › Indirect discrimination
4. › Whether requirement or condition imposed not reasonable having regard to circumstances
5. › Anti-Discrimination Act 1977 (NSW), s 49B(1)(b)
1. Discrimination Law
2. › Disability discrimination
3. › Employment
4. › Terms and conditions of employment
5. › Reduction of hours on ground of disability
6. › Anti-Discrimination Act 1977 (NSW), s 49D(2)
1. Administrative Law
2. › Tribunals
3. › Equal Opportunity Tribunal
4. › Duty to inquire into complaints
5. › Whether Tribunal entitled to act on parties' agreement that complaint not maintained
6. › Anti-Discrimination Act 1977 (NSW), ss 96, 111(1), 111(1A)

Quick Take

In determining direct disability discrimination under s 49B(1)(a) of the Anti-Discrimination Act 1977 (NSW), the Tribunal must compare the treatment of the complainant with the treatment of a person who does not have the complainant's disability, not with 'any other person' generally. A tribunal's finding that an employer did 'all it could to help' the complainant does not address the statutory question and may invert the correct comparison. The Equal Opportunity Tribunal is entitled to act on a concession by a complainant's counsel that a complaint is not maintained, and counsel is to be identified with the client for this purpose.