Hudston v Activ Foundation Inc

The applicant, Mr Hudston, brought proceedings against the respondent, Activ Foundation Inc, in the Federal Court of Australia. Mr Hudston alleged that Activ Foundation Inc had discriminated against him on the basis of his disability, contrary to the provisions of the *Disability Discrimination Act 1992* (Cth). The dispute centred on Mr Hudston's employment with Activ Foundation Inc.

The primary legal issue before the Court was whether Activ Foundation Inc had unlawfully discriminated against Mr Hudston by failing to make reasonable adjustments to his employment conditions to accommodate his disability. This required the Court to consider the nature of Mr Hudston's disability, the impact of his employment conditions on that disability, and the extent to which Activ Foundation Inc had taken steps to mitigate any adverse effects.

Judge Driver found that Activ Foundation Inc had failed to make reasonable adjustments for Mr Hudston. The Court reasoned that the employer had a positive obligation under the *Disability Discrimination Act 1992* (Cth) to take proactive steps to ensure that employees with disabilities were not disadvantaged in their employment. The Court considered the evidence presented regarding Mr Hudston's medical condition and the specific adjustments that could have been made, concluding that the respondent's actions fell short of the legal standard required. The Court ordered that Activ Foundation Inc pay Mr Hudston damages for the discrimination suffered.