McEvoy v Acorn Stairlifts Pty Ltd

McEvoy brought a complaint against Acorn Stairlifts Pty Ltd alleging unlawful discrimination on the grounds of age and disability. The dispute was heard in the Australian Human Rights Commission. The primary issues before the Commission were whether the complainant experienced less favourable treatment on the grounds of age and disability, and if so, whether the employer was liable for compensation under the relevant legislation. Additionally, the Commission had to determine the appropriate amount of damages to be awarded to the complainant for both economic and non-economic losses.

In addressing these issues, the Commission examined the evidence presented, including expert opinions on causation and the reliability of the treating health practitioner's assessment. The Commission considered the principles relating to the assessment of damages for contravention of the anti-discrimination act. It noted that in cases where there is no actual comparator to assess the causation of less favourable treatment, the focus must be on the overall circumstances and the impact on the complainant. The Commission found that the complainant had indeed experienced less favourable treatment and that the employer's actions constituted unlawful discrimination.

The Commission held that the complaint of unlawful discrimination on the ground of age was substantiated, as was the complaint of unlawful discrimination on the ground of disability. Consequently, the respondent was ordered to pay the complainant compensation in the sum of $31,420 within 28 days of the decision. This amount was calculated based on the principles of assessing damages for economic and non-economic losses, taking into account the expert evidence and the impact of the discrimination on the complainant's wellbeing.