Hilditch v AHG Services (NSW) Trading as Lansvale Holden

In the case of *Hilditch v AHG Services (NSW) Trading as Lansvale Holden*, the applicant, Mr. Hilditch, brought proceedings against his employer, AHG Services (NSW) Trading as Lansvale Holden, alleging unlawful discrimination on the basis of disability. The dispute concerned whether the employer had made reasonable adjustments to enable Mr. Hilditch to perform his employment duties following an injury to his left hand. The matter was heard by Judge Nicholls.

The court was required to determine whether AHG Services had fulfilled its obligation under the relevant legislation to make reasonable adjustments for Mr. Hilditch's disability. Specifically, the court had to consider what constituted a "reasonable adjustment" in the context of enabling an employee with a disability to perform the work they were employed to do, and whether the employer's actions met this standard.

Judge Nicholls' reasoning focused on the interpretation of "reasonable adjustments" as outlined in *Watts v Australian Postal Corporation*. The court held that adjustments must operate on the employee's ability to perform their specific work, rather than being directed towards redeployment or redundancy. The court noted that Mr. Hilditch's assertions regarding alternative positions or redundancy did not assist his case, as the focus remained on his capacity to perform his existing role. The court considered the period from Mr. Hilditch's injury in January 2009, his return to work performing "suitable duties" which were not his full pre-injury responsibilities, and his subsequent return to his pre-injury duties in April 2009.