Kerry Harris v Heritage Fine Chocolates (Aust) Pty Ltd

In *Kerry Harris v Heritage Fine Chocolates (Aust) Pty Ltd*, the applicant, Kerry Harris, brought proceedings against the respondent, Heritage Fine Chocolates (Aust) Pty Ltd, alleging unlawful discrimination. The matter was heard in the Federal Court of Australia.

The primary legal issue before the Court was 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). Specifically, the Court was required to determine if the respondent's actions constituted direct or indirect discrimination.

Justice Ian Thompson found that the respondent had engaged in unlawful discrimination. The Court reasoned that the applicant's dismissal from her employment was directly linked to her disability, and that the respondent had failed to make reasonable adjustments to accommodate her condition. The Court applied the principles of direct and indirect discrimination as defined in the *Disability Discrimination Act 1992* (Cth), emphasising the employer's positive duty to make reasonable adjustments for employees with disabilities.

The Court ordered that the respondent pay the applicant damages for the discrimination suffered.