Correy v St Joseph's Hospital Ltd

Correy v St Joseph's Hospital Ltd involved a complaint by an employee against her employer, St Joseph's Hospital Ltd, alleging discrimination and victimisation in the workplace. The case was heard in the Fair Work Commission, Australia's workplace relations tribunal. The applicant, Correy, alleged she was unfairly treated due to her responsibilities as a carer and because of her sex. Additionally, she claimed to have been victimised for making these complaints.

The legal issues before the Commission included whether the applicant's dismissal was discriminatory on the grounds of her carer responsibilities and sex, and whether she had been subjected to victimisation. The Commission needed to examine the evidence and determine whether the employer's actions constituted unlawful discrimination and victimisation under the Fair Work Act 2009. The Commission also had to consider the relevant provisions of the Sex Discrimination Act 1984 and the Carer Recognition Act 2010.

In its decision, the Commission found that the applicant's complaint of discrimination based on carer responsibilities was substantiated. It noted that the employer had not taken into account her carer responsibilities when making the decision to dismiss her, which amounted to unlawful discrimination. The Commission dismissed the complaint of sex discrimination as there was insufficient evidence to support this claim. Similarly, the claim of victimisation was dismissed as the Commission found no causal link between the applicant's complaints and any adverse action taken against her. Consequently, the Commission ordered the employer to pay the applicant compensation of $26,121 within 28 days.