Lim v Flinders University of South Australia

In the matter of *Lim v Flinders University of South Australia*, the applicant, Mr Lim, brought proceedings against the respondent, Flinders University of South Australia, alleging discrimination on the basis of his disability. The dispute concerned the University's decision to terminate Mr Lim's employment.

The primary legal issue before the court was whether the University's decision to terminate Mr Lim's employment constituted unlawful discrimination under the *Disability Discrimination Act 1992* (Cth). This required the court to consider whether Mr Lim's disability was a factor in the termination and, if so, whether the University's actions were justifiable.

Judge Heffernan found that while Mr Lim's disability was a relevant consideration in the University's decision-making process, the University had taken all reasonably practicable steps to accommodate his needs. The court applied the principles of indirect discrimination and the defence of unjustifiable hardship, concluding that the University's actions were not discriminatory and were a reasonable response to the circumstances. The court therefore dismissed the application.