NESTER AND ACT FIRE BRIGADE

The matter involved a complaint by Nester against the ACT Fire Brigade, raising issues of discrimination and compensation. The Federal Circuit Court was tasked with determining whether Nester had been unlawfully discriminated against and, if so, to award appropriate compensation. The court also needed to consider the impact of the passage of time on the quantum of compensation and costs.

The primary legal issue before the court was whether Nester had been unlawfully discriminated against by the ACT Fire Brigade. Additionally, the court had to determine the appropriate amount of compensation to be awarded, taking into account the expenses Nester incurred, the hurt and humiliation suffered, and the time elapsed since the discrimination occurred. The court also needed to decide whether the passage of time should reduce the amount of compensation awarded.

In addressing these issues, the court found that Nester had indeed been unlawfully discriminated against by the ACT Fire Brigade. The court considered the nature and impact of the discrimination on Nester, as well as the expenses incurred and the hurt and humiliation suffered. In calculating the compensation, the court took into account the sum already paid by the respondent and the impact of the time that had elapsed. The court ordered the respondent to pay Nester $35,000, which represented the compensation due after accounting for the sum already paid and the passage of time. The court also ordered the respondent to re-instate Nester to operational duties as a Station Officer Grade A.

The court's final orders included the re-instatement of Nester to operational duties and the payment of $35,000 in compensation to Nester, reflecting the court's determination of the appropriate amount of compensation and costs.