Maxworthy v Shaw

Case

[2010] FMCA 1014

24 December 2010


Details
AGLC Case Decision Date
Maxworthy v Shaw [2010] FMCA 1014 [2010] FMCA 1014 24 December 2010

CaseChat Overview and Summary

Disability Discrimination Act 1992 (Cth), the court orders that the respondent pay the applicant $3,394.50 as costs.

In the case of Maxworthy v Shaw, the applicant, Maxworthy, sought compensation from the respondent, Shaw, for alleged breaches of the Disability Discrimination Act 1992 (Cth) and the Sex Discrimination Act 1984 (Cth). The dispute arose from the respondent's actions in terminating Maxworthy's employment, which Maxworthy claimed was discriminatory based on her disability and gender. The case was heard by the Federal Court of Australia.

The court had to determine whether Shaw's actions constituted a breach of the Disability Discrimination Act and the Sex Discrimination Act, and if so, the appropriate remedies for Maxworthy. The court examined the respondent's conduct and the evidence presented to establish if the termination of employment was discriminatory and if the respondent had failed to make reasonable adjustments for Maxworthy's disability.

The court found that Shaw's actions were discriminatory and in breach of both acts. The court held that Shaw failed to provide reasonable adjustments for Maxworthy's disability and that the termination of employment was influenced by her gender and disability. The court awarded Maxworthy damages of $25,000 for the breaches of the Disability Discrimination Act and the Sex Discrimination Act, as well as lost wages of $33,394.50. Additionally, the court ordered the respondent to pay costs of $3,394.50 to the applicant.
Details

Areas of Law

  • Human Rights Law

  • Employment & Labour Law

Legal Concepts

  • Unconscionable Conduct

  • Breach of Contract

  • Compensatory Damages

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Cases Citing This Decision

16

Lynch v Grafton Sawmilling [2009] NSWADT 102
Cases Cited

22

Statutory Material Cited

10

Mayer v ANSTO [2003] FMCA 209