McMAHON and NANNUP TIMBER PROCESSING PTY LTD

Case [2015] WASAT 125


McMAHON and NANNUP TIMBER PROCESSING PTY LTD [2015] WASAT 125



STATE ADMINISTRATIVE TRIBUNALCitation No:[2015] WASAT 125
EQUAL OPPORTUNITY ACT 1984 (WA)
Case No:EOA:19/201428, 29 AND 30 JULY 2015
Coram:MR P McNAB (SENIOR MEMBER)6/11/15
29Judgment Part:1 of 1
Result: Complaints dismissed
A
PDF Version
Parties:DAMIEN McMAHON
NANNUP TIMBER PROCESSING PTY LTD

Catchwords:

Discrimination
Equal Opportunity
Direct discrimination
Impairment
Accommodation
Victimisation
Complainant residing in employer's accommodation close to timber mill
Complainant injured at work
Back injury
Rent subsidised by respondent who was both lessor and employer
Rent and other charges increased by lessor
Company policy of phasing out subsidies to lessees
Complainant the first lessee to suffer significant increase in rent
Complainant threatened with eviction
Other incidents between tenant and lessor including attempts to restrict water supply
Alleged detriment suffered by complainant
Whether lessor's conduct in relation to accommodation charges and associated acts done 'on the ground of' impairment
Whether causative link established
Intention and extent of knowledge of injury by respondent
Burden of proof
Circumstantial evidence
Complainant alleging that differential treatment followed medical events related to his injury
Whether correlation sufficient to prove cause
Complainant alleging that there was 'no other reason' for differential treatment of him
Complaints dismissed
Applicant failed to prove relevant acts were discrimination against him on the ground of his impairment
Observations on whether poor management practices prove discrimination
Victimisation complaint dismissed for lack of proof and as lacking in substance

Legislation:

Equal Opportunity Act 1984 (WA), s 4, s 62(C), s 66(A)(1), s 66A(1)(a), s 67, s 89, s 90, s 93(1)

Case References:

Acklin v Anti Discrimination Commissioner and Batchelor Institute of Indigenous Tertiary Education [2008] NTMC 30
Clayton and Australia Post [1998] VADT 23
Edoo v Minister for Health [2010] WASAT 74; (2010) 72 SR (WA) 16
Gounder v Allmand [2007] VCAT 1898; (2007) EOC ¶93-480
IW v City of Perth (1997) 191 CLR 1
Kovac and Australian Croatian Club Ltd [2014] ACAT 41
Laurent v Commissioner of Police [2009] WASAT 254; (2009) 68 SR (WA) 165
McMah v Simon Blackwood (Workers' Compensation Regulator) and BHP Billiton Coal Pty Ltd [2015] ICQ 9
Monash University v Kapoor [1999] VSC 463
Sanzana and Director General, Disability Services Commission [2011] WASAT 208
Sellen and TNT Australia Pty Ltd [2015] SAEOT 6
Sharma v Legal Aid (Qld) [2002] FCAFC 196; (2002) 115 IR 91
Soelberg (formerly van Droffelaar) and Commissioner of Police [2008] WASAT 305
Summerville and Department of Education [2006] WASAT 368
University of Ballarat v Bridges [1995] 2 VR 418
Winter and Commissioner of Western Australian Police Service [2006] WASAT 87
Zangari v St John Ambulance Service [2010] WASAT 6; (2010) 70 SR (WA) 1


Orders

The applications in proceedings SAT 19/2014 McMahon and Nannup Timber Processing Pty Ltd and SAT 20/2014 McMahon and Nannup Timber Processing Pty Ltd are dismissed.

Summary

Mr Damien McMahon worked for Nannup Timber Processing Pty Ltd (NTP).…

Continue reading McMAHON and NANNUP TIMBER PROCESSING PTY LTD

Sign in free to access the full text

Details
AGLC
McMAHON and NANNUP TIMBER PROCESSING PTY LTD [2015] WASAT 125
Case
[2015] WASAT 125
Decision Date

CaseChat Overview and Summary

In the matter of McMahon and Nannup Timber Processing Pty Ltd, the applicant sought relief on the grounds of discrimination related to equal opportunity. The applicant, who resided in accommodation provided by the respondent close to a timber mill, suffered a back injury at work. The respondent, who was both the lessor and employer, had been subsidising the applicant's rent. Upon the injury, the respondent implemented a company policy to phase out subsidies to lessees. The applicant experienced a significant increase in rent and other charges, and was threatened with eviction, alongside other detrimental actions such as attempts to restrict the water supply. The applicant contended that these actions were discriminatory, stemming from his impairment.

The court was tasked with determining whether the lessor's actions regarding the accommodation charges, and associated acts, were discriminatory on the ground of the applicant's impairment. The court examined the burden of proof and the need for a causative link between the alleged discrimination and the applicant's impairment. It considered the extent of the respondent's knowledge of the injury and whether the applicant had proven that the differential treatment was solely due to his impairment. Additionally, the court assessed the applicant's claim that there was no other reason for the differential treatment.

After considering the evidence, the court found that the applicant had not successfully demonstrated that the relevant acts were discriminatory against him on the ground of his impairment. The court also dismissed the applicant's claim of victimisation due to a lack of proof and because the claim lacked substance. The court's reasoning was based on the insufficient evidence to establish a direct link between the respondent's actions and the applicant's impairment. The complaints were therefore dismissed.

In light of the court's findings, the respondent's complaints were dismissed, and no further orders were made. The applicant's claims of discrimination and victimisation were not substantiated by the evidence presented.

Orders

Orders of the court

Complaints dismissed

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.