Kearney v Epic Employment Service INC.

In *Kearney v Epic Employment Service INC.*, the applicant, Ms. Kearney, brought proceedings against the respondent, Epic Employment Service INC., alleging unlawful discrimination. The matter was heard by Judge Jarrett in the Federal Circuit Court of Australia.

The central legal issues before the Court were whether the respondent had unlawfully discriminated against the applicant on the ground of her disability, contrary to the provisions of the *Disability Discrimination Act 1992* (Cth), and whether the respondent's actions constituted a breach of contract. Specifically, the Court was required to determine if the respondent's decision to terminate Ms. Kearney's employment was directly or indirectly discriminatory due to her disability.

Judge Jarrett considered the evidence presented by both parties regarding the circumstances surrounding Ms. Kearney's employment and its termination. The Court applied the principles of statutory interpretation to the *Disability Discrimination Act 1992* (Cth), focusing on the definitions of "disability" and "unlawful discrimination." The Court also examined the terms of Ms. Kearney's employment contract and the common law principles relating to breach of contract. The reasoning involved assessing whether the respondent's actions were a direct consequence of Ms. Kearney's disability or if there were other legitimate, non-discriminatory reasons for the termination.

The Court found that the respondent had unlawfully discriminated against Ms. Kearney on the ground of her disability and had also breached her employment contract. Consequently, Judge Jarrett ordered that Ms. Kearney be awarded damages for the loss she suffered as a result of the unlawful discrimination and breach of contract.