KUBAT v Northern Health

In *Kubat v Northern Health*, the Victorian Civil and Administrative Tribunal (VCAT) considered a dispute between Ms Kubat and Northern Health concerning allegations of discrimination. Ms Kubat alleged that Northern Health had discriminated against her on the grounds of her disability and sex, contrary to the *Equal Opportunity Act 2010* (Vic).

The Tribunal was required to determine whether Northern Health had engaged in unlawful discrimination against Ms Kubat. Specifically, it needed to assess whether the treatment Ms Kubat received constituted less favourable treatment due to her disability or sex, and whether Northern Health had failed to make reasonable adjustments for her disability.

VCAT found that Northern Health had not discriminated against Ms Kubat on the grounds of her sex. However, it determined that Northern Health had unlawfully discriminated against Ms Kubat on the ground of her disability by failing to make reasonable adjustments. The Tribunal considered the nature of Ms Kubat's disability and the employer's obligations under the *Equal Opportunity Act 2010* (Vic), concluding that the adjustments proposed or made by Northern Health were insufficient to meet its legal obligations.

The Tribunal ordered Northern Health to pay Ms Kubat $20,000 in damages for the discrimination suffered.