QUEENSLAND INDUSTRIAL RELATIONS COMMISSION
CITATION: | Curran v yourtown & Anor [2019] QIRC 059 |
PARTIES: | Caitlin Curran v yourtown & Michael O'Brien |
CASE NO: | AD/2017/45 |
PROCEEDING: | Complaint |
DELIVERED ON: | 23 April 2019 |
HEARING DATES: | 7, 8, 9 August 2018 |
MEMBER: HEARD AT: | O'Connor VP Brisbane |
ORDER: | 1. The complaints are dismissed. 2. I will hear the parties as to costs. |
| CATCHWORDS: | ANTI-DISCRIMINATION –DISCRIMINATION IN THE WORKPLACE – where Complainant alleges discrimination on the basis of an 'impairment' – whether 'impairment' was established for the purposes of the Act – whether unfavourable treatment existed – whether a 'term' was imposed |
LEGISLATION: CASES: | Anti-Discrimination Act 1991 (Qld) s 6, s 10, 11, s 14, s 108 Bero v Wilmar Sugar Pty Ltd & Ors [2016] QCAT 371 Carlton v Blackwood [2017] ICQ 001 Clarke v Ryan (1916) 103 CLR 486 Commissioner of Corrective Services v Aldridge Cutbush v Team Maree Property Service (No 3) [2010] QCATA 89 Dasreef Pty Limited v Hawchar (2011) 243 CLR 588 Edoo v Minister for Health [2010] WASAT 74 Mahommed v State of Queensland (2006) QADT 21, 37 The State of New South Wales v Amery and Others (2006) 230 CLR 174 |
| APPEARANCES: | Mr M Heffernan for the Complainant Ms T Jessie, Solicitor of Jessie Lawyers for the First and Second Respondents. |
Reasons for Decision
Ms Caitlin Curran filed a complaint with the Anti-Discrimination Commission Queensland on 23 June 2017. The Complainant commenced her employment with yourtown, the First Respondent as a Production Administrator in the fundraising department in or around June 2014.[1]
[1] Exhibit 10.
The First Respondent is a not-for-profit charitable organisation whose mission is to enable young people, especially those who are marginalised and without a voice, to improve their quality of life.[2]
[2] Exhibit 29.
Mr Michael O'Brien was employed by the First Respondent as its senior industrial relations advisor and was named as the Second Respondent to the complaint. The Second Respondent was assigned to work with the fundraising department from September 2016.[3]
[3] T1-108 Ll35.
The First Respondent is predominantly funded by its charitable art unions with the Christmas prize home draw being the biggest fundraising event for the charity. Accordingly, December is the busiest time of the year for the organisation, particularly for those employees that work in the fundraising department, such as the Complainant.
Due to an illness the Complainant often struggled to meet the demands of her role and her employment with the First Respondent was marked by high levels of absenteeism. In the period from June 2014 to June 2016 the Complainant accessed more than 900 hours of unpaid leave, personal leave and annual leave. The Complainant also failed to successfully complete two return to work programs in September and November 2016.
As an industrial relations advisor the Second Respondent was tasked with managing the Complainant's absenteeism…
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- AGLC
- Curran v yourtown [2019] QIRC 59
- Case
- [2019] QIRC 59
- Decision Date
CaseChat Overview and Summary
The legal issues before the court centred on whether Ms Curran's condition qualified as an 'impairment' for the purposes of the Disability Discrimination Act. Additionally, the court had to determine if there was any unfavourable treatment that could be linked to this alleged impairment. A further issue was whether the unfavourable treatment amounted to the imposition of a 'term' that was detrimental to Ms Curran.
In its decision, the court meticulously examined the evidence presented by Ms Curran to establish her impairment. The court found that while Ms Curran did have a diagnosed condition, it did not meet the threshold for being considered an 'impairment' under the Act. Consequently, the court ruled that the foundational requirement for a discrimination claim was not satisfied. As a result, the complaints were dismissed. The court also noted that even if the condition had qualified as an impairment, there was no clear evidence of unfavourable treatment or the imposition of a detrimental term as alleged.
Orders
Orders of the court
1. The complaints are dismissed.
2. I will hear the parties as to costs.
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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