Govier v Unitingcare Community

The Full Federal Court heard an appeal in *Govier v Unitingcare Community*, concerning a dispute between Ms. Govier and her former employer, Unitingcare Community. Ms. Govier alleged that Unitingcare Community had engaged in unlawful discrimination against her on the grounds of her disability, contrary to the provisions of the *Disability Discrimination Act 1992* (Cth).

The central legal issue before the Full Federal Court was whether Unitingcare Community had subjected Ms. Govier to unlawful discrimination by failing to make reasonable adjustments to her employment conditions to accommodate her disability. This required the court to consider the scope of the employer's positive duty to make reasonable adjustments and the circumstances under which a failure to do so could constitute unlawful discrimination.

The Court reasoned that the employer's obligation to make reasonable adjustments is not absolute and must be balanced against the operational requirements of the employer and the inherent requirements of the job. It applied the principles established in previous case law, emphasizing that the assessment of what constitutes a "reasonable adjustment" involves a multi-factorial analysis, considering factors such as the nature of the disability, the impact on the employee's ability to perform the essential functions of the role, and the feasibility and cost of the proposed adjustments for the employer. The Court found that Unitingcare Community had taken reasonable steps to accommodate Ms. Govier's disability and that its actions did not amount to unlawful discrimination.