Lonie v LiveBetter Services Limited

In this matter, the applicant, Lonie, brought a complaint against LiveBetter Services Limited, the respondent, alleging discrimination on the basis of disability in the context of employment. The case was heard and determined by the Civil and Administrative Tribunal of New South Wales. The primary contention was whether the respondent's refusal to consider the applicant for a position constituted unlawful discrimination under the Anti-Discrimination Act 1977 (NSW).

The legal issues before the Tribunal revolved around the interpretation and application of the statutory provisions concerning discrimination on the grounds of disability. Specifically, the Tribunal needed to ascertain whether the respondent's decision not to proceed with the applicant's application, due to her inability to meet certain inherent requirements of the job, constituted discrimination. Additionally, the Tribunal had to determine if the respondent's decision imposed an unjustifiable hardship and if reasonable adjustments could have been made to accommodate the applicant's disability.

The Tribunal concluded that the respondent's actions did indeed amount to discrimination as they were based on the applicant's inability to meet the inherent requirements of the position, which were not essential to the role. The Tribunal held that the respondent had failed to consider reasonable adjustments that could have enabled the applicant to perform the job. Consequently, the Tribunal ruled that the complaint was substantiated. The Tribunal ordered the respondent to pay the applicant $10,000 for general damages and mandated that the parties provide evidence and submissions regarding the appropriate rate of pay and superannuation the applicant would have received had she been employed. The Tribunal also requested the parties to indicate their preference for a hearing or for the matter to be determined without one, in accordance with section 50(2) of the Civil and Administrative Tribunal Act 2013.