Damiano v Capital Strata Management Services (Discrimination)

The matter before the Civil and Administrative Tribunal (CAT) was a complaint of discrimination brought by Ms. Damiano against Capital Strata Management Services in relation to the location of Owners Corporation meetings. Ms. Damiano claimed that the meetings were held in inaccessible locations, which amounted to direct discrimination on the basis of her disability. The Tribunal was required to determine whether the respondent's decisions about the location of the meetings were because of Ms. Damiano's disability, and if so, whether this amounted to direct discrimination under the relevant legislation.

The Tribunal considered whether the evidence supported the conclusion that the respondent's decisions about the location of the meetings were because of Ms. Damiano's disability. It found that the initial decision to hold meetings in a particular location was made before Ms. Damiano provided any evidence of her disability, and thus, it was not because of her disability. Furthermore, the Tribunal found that there was insufficient evidence to support Ms. Damiano's claim that the respondent was aware of her disability before the first meeting, and therefore, the decision to hold the meeting in that location was not because of her disability. The Tribunal also noted that alternative methods were available to Ms. Damiano to attend the meetings, which further undermined her claim of discrimination.

In light of the above findings, the Tribunal concluded that there was insufficient evidence to support Ms. Damiano's claim of direct discrimination. The Tribunal dismissed the application, and made no orders in favour of Ms. Damiano. The Tribunal found that the respondent had not acted in a discriminatory manner and that there were alternative methods available to Ms. Damiano to attend the meetings.