MCCORMACK AND CHARLES STURT UNIVERSITY

The case of McCormack v Charles Sturt University involved a complaint of disability discrimination in the context of educational services. The complainant, McCormack, alleged that the university had failed to accommodate her disability, specifically by not providing ergonomic furniture and requiring her to enrol via email, which she found difficult due to her disability. The matter was brought before the tribunal, with the university applying to strike out the complaint on the basis that it lacked substance.

The central legal issue was whether the complaint contained sufficient substance to warrant further proceedings. The tribunal had to determine whether the allegations made by McCormack were plausible and whether they potentially disclosed a breach of the Discrimination Act 1991. This involved examining whether the university's actions constituted disability discrimination under the Act, considering the requirement for knowledge of the effect of the disability and the obligation to provide reasonable adjustments.

The tribunal found that the complaint did not meet the threshold of substance necessary to proceed. It concluded that the allegations of disability discrimination were not sufficiently detailed or supported by evidence to suggest a breach of the Act. The tribunal considered the requirement for knowledge of the effect of the disability and found that McCormack had not provided adequate information to establish that the university was aware of the specific effects of her disability and failed to make reasonable adjustments. Additionally, the tribunal noted that the requirement to enrol via email did not inherently discriminate against individuals with disabilities, as reasonable alternatives were available. Consequently, the tribunal dismissed the complaint for lacking substance.