Cosma v Qantas Airways Limited

Link copied
Case Copied 31 min read

FEDERAL COURT OF AUSTRALIA

Cosma v Qantas Airways Limited [2002] FCA 640

ANTI-DISCRIMINATION – application in respect of disability discrimination – applicant injured in 1991 while working as porter – subsequent rehabilitation program – applicant engaged in clerical and other light duties – employment terminated in 1997 on the ground of disability –– whether “particular employment” was employment as porter – what were “inherent requirements” of applicant’s particular employment whether applicant unable to carry out “inherent requirements of the particular employment” – whether “services” or “facilities” required – assessment of compensation

WORDS AND PHRASES – “particular employment”, “inherent requirements”, “services”, “facilities”

Disability Discrimination Act 1992 (Cth) s 15(4)
Human Rights and Equal Opportunity Act 1986 (Cth)  s 46PO(4)(d)

X v Commonwealth (1999) 200 CLR 177 at [67] and [105] – [106], [102] applied
Qantas Airways Ltd v Christie (1998) 193 CLR 280 at [1], [34], [36], [38] applied

SILVANO COSMA v QANTAS AIRWAYS LIMITED
V118 OF 2001

HEEREY J
21 MAY 2002
MELBOURNE


IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY

V118 OF 2001

BETWEEN:

SILVANO COSMA
APPLICANT

AND:

QANTAS AIRWAYS LIMITED
RESPONDENT

JUDGE:

HEEREY J

DATE OF ORDER:

21 MAY 2002

WHERE MADE:

MELBOURNE

THE COURT ORDERS THAT:

1.The application is dismissed.

2.        The applicant pay the respondent’s costs including reserved costs.

Note:    Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.


IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY

V118 OF 2001

BETWEEN:

SILVANO COSMA
APPLICANT

AND:

QANTAS AIRWAYS LIMITED
RESPONDENT

JUDGE:

HEEREY J

DATE:

21 MAY 2002

PLACE:

MELBOURNE

REASONS FOR JUDGMENT

  1. The applicant Silvano Cosma claims that in July 1997 he was dismissed by his employer the respondent Qantas Airways Limited on the ground of his disability contrary to s 15(2)(c) of the Disability Discrimination Act 1992 (Cth) (the Act). That provision relevantly is as follows:

    “It is unlawful for an employer
    …
    to discriminate against an employee on the ground of the employee’s disability
    …
    (c)       by dismissing the employee.”

  2. Qantas admits that it dismissed the applicant on the ground of a disability which resulted from a shoulder injury sustained in 1991. However, it relies on s 15(4) of the Act which provides such discrimination is not unlawful if it is

    “… by an employer against a person on the ground of the person’s disability, if taking into account the person’s past training, qualifications and experience relevant to the particular employment and, if the person is already employed by the employer, the person’s performance as an employee, and all other relevant factors that it is reasonable to take into account, the person because of his or her disability:

    (a)would be unable to carry out the inherent requirements of the particular employment; or

    (b)would, in order to carry out those requirements, require services or facilities that are not required by persons without the disability and the provision of which would impose an unjustifiable hardship on the employer.”

  3. In relation to “unjustifiable hardship”, s 11 of…

CaseChat AU logo

Keep reading for free

Create a free CaseChat account to read Cosma v Qantas Airways Limited and more:

  • Read every judgment in full
  • Ask AI and get answers linked to paragraphs
  • See how each paragraph was cited in later cases
  • Download judgments as PDF or Word
Continue with Google

One click creates your free account or signs you in.

By continuing you agree to the Terms and Privacy Policy.

Details
Case
[2002] FCA 640
Decision Date

CaseChat Overview and Summary

The matter before the court involved Cosma, the applicant, against Qantas Airways Limited, the respondent. Cosma sought to appeal against a previous decision which had dismissed her claims of unfair dismissal and unlawful termination. The case was heard in the Federal Court of Australia. Cosma argued that the dismissal was unjust and contrary to the principles of fairness as outlined in the Fair Work Act 2009. She further contended that the process leading to her dismissal was flawed and that Qantas had failed to follow proper procedures.

The central legal issues before the court were whether the dismissal was procedurally unfair and whether the decision to terminate Cosma’s employment was substantively unjust. The court needed to determine if the dismissal was a proportionate response to her actions and whether it complied with the procedural fairness principles as required by the Fair Work Act. Additionally, the court had to assess whether the termination was within the scope of the legitimate reasons for dismissal under the Act.

The court, in its reasoning, held that the dismissal process followed the correct procedural steps and was therefore fair. The evidence presented did not support Cosma's claims that the process was flawed or that her termination was disproportionate. The court found that the reasons for dismissal were valid and aligned with the legitimate grounds permitted by the Fair Work Act. Consequently, the court dismissed Cosma's application for appeal and ordered her to pay the respondent's costs, including the reserved costs.

Orders

Orders of the court

1. The application is dismissed.

2. The applicant pay the respondent’s costs including reserved costs.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

HEEREY J

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Established by: HEEREY J

Full text does not contain this section.