FEDERAL CIRCUIT COURT OF AUSTRALIA
| BURNS v MEDIA OPTIONS GROUP PTY LTD & ORS | [2013] FCCA 79 |
| HUMAN RIGHTS – Disability discrimination – sex discrimination – carers’ and family responsibilities. |
| Australian Human Rights Commission Act 1986, ss.46PH, 46PN, 46PO, 46PR Federal Magistrates Court Amendment Rules 2012 (No.1) (SLI.No 94 of 2012) Occupational Health and Safety Act (NSW), s.8 |
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- Case
- [2013] FCCA 79
- Decision Date
CaseChat Overview and Summary
The court was required to determine whether the respondents had engaged in unlawful discrimination against the applicant, specifically in relation to disability discrimination and discrimination based on carers' and family responsibilities, as well as sex discrimination.
Judge Nicholls found that the respondents had breached both the *Disability Discrimination Act 1992* and the *Sex Discrimination Act 1984*. The court ordered the respondents to pay the applicant $81,213.46 in damages. Additionally, pursuant to s.76(3)(d) of the *Federal Circuit Court of Australia Act 1999* (Cth), the respondents were ordered to pay $25,000 as interest to the date of judgment. Further interest was to be paid on the judgment amount under s.77(3) of the *Federal Circuit Court of Australia Act 1999* (Cth) and r.39.06 of the *Federal Court Rules 2011* (Cth). The court also certified that the proceedings reasonably required the employment of an advocate by the applicant, pursuant to r.21.15 of the *Federal Circuit Court Rules 2001* (Cth).
Orders
Orders of the court
The respondents to pay the applicant $81,213.46 as damages for breach of the Disability Discrimination Act 1992 (Cth) and the Sex Discrimination Act 1984 (Cth).
Pursuant to s.76(3)(d) of the Federal Circuit Court of Australia Act 1999 (Cth), the respondents to pay the applicant $25,000 as interest to the date of judgment.
The respondents to pay to the applicant interest on the judgment amount pursuant to s.77(3) of the Federal Circuit Court of Australia Act 1999 (Cth) and r.39.06 of the Federal Court Rules 2011 (Cth).
CERTIFICATION
Pursuant to r.21.15 of the Federal Circuit Court Rules 2001 (Cth), the proceedings reasonably required the employment of an advocate by the applicant.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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