Green v Department of Family and Community Services

The applicant in this case, Green, sought relief in the form of a declaration and compensation from the respondent, the Department of Family and Community Services, alleging discrimination on the grounds of disability. The dispute centred around Green's employment as a support worker, where she claimed that her disability was not accommodated by the respondent, resulting in her dismissal. The matter was heard by the Australian Human Rights Commission, which exercises its jurisdiction under the Disability Discrimination Act 1992 (Cth).

The primary legal issues before the Tribunal were whether Green's dismissal constituted direct discrimination under the Act, and if the Department could justify the dismissal based on the concept of inherent requirements of the job. Additionally, the Tribunal had to consider whether the Department could demonstrate that accommodating Green's disability would have caused unjustifiable hardship.

In delivering its decision, the Tribunal found that the Department had not discriminated against Green on the grounds of her disability. It was determined that Green's dismissal was not due to her disability but rather because of her inability to perform the inherent requirements of her position, which included physically restraining aggressive clients. The Tribunal also held that the Department had sufficiently demonstrated that accommodating Green's disability would have caused unjustifiable hardship. Consequently, the Tribunal dismissed the complaint in its entirety.

The Tribunal's orders were that the complaint be dismissed in its entirety, with no declaration or compensation to be awarded to Green.