MAS v The State of Western Australia

MAS (the appellant) appealed to the Full Court of the Federal Court of Australia against a decision of a single judge of that Court. The dispute concerned the appellant's claim for compensation under the *Disability Discrimination Act 1992* (Cth) for alleged unlawful discrimination by the State of Western Australia (the respondent) in relation to his employment. The appellant alleged that the respondent had discriminated against him on the ground of his disability by failing to make reasonable adjustments to his employment conditions, leading to his constructive dismissal.

The primary legal issue before the Full Court was whether the single judge had erred in finding that the respondent had not unlawfully discriminated against the appellant. This involved determining whether the appellant's condition constituted a disability for the purposes of the Act, whether the alleged acts or omissions by the respondent amounted to discrimination, and whether the respondent had taken all reasonably practicable steps to accommodate the appellant's disability. The Court also considered whether the appellant had established that the respondent's conduct had caused him to resign from his employment.

The Full Court analysed the evidence concerning the appellant's medical condition and the respondent's responses to his requests for adjustments. The Court applied the principles established in cases concerning constructive dismissal and the employer's duty to make reasonable adjustments under the *Disability Discrimination Act 1992* (Cth). It considered the extent of the employer's knowledge of the disability and the reasonableness of the proposed adjustments in the context of the appellant's role and the employer's operational requirements. The Court ultimately found that the single judge had not erred in his findings of fact or application of the law.

The appeal was dismissed.