O'HANLON v Williams

The applicant, a former teacher, brought proceedings in the Federal Circuit Court of Australia against her former employer, alleging contraventions of sections 15(2)(c) and 15(2)(d) of the *Disability Discrimination Act 1992* (Cth). The dispute arose from the circumstances surrounding the applicant's resignation from her teaching position, which was formalised by a deed of release. The applicant contended that the employer's actions leading to this deed constituted unlawful discrimination based on her psychological disability.

The central legal issues before the Court were whether the *Disability Discrimination Act 1992* (Cth) could apply to a deed of release, and if so, whether the Court possessed jurisdiction to set aside such a deed when it was entered into as a consequence of alleged unlawful discrimination. Specifically, the Court had to determine if the employer's conduct, including alleged requirements imposed on the applicant, amounted to a dismissal within the meaning of the Act, and if any such requirements constituted indirect discrimination. This involved assessing whether a substantially higher proportion of persons without the applicant's disability could comply with these requirements, and if such requirements were reasonable. The Court also considered whether the applicant remained an "employee" for the purposes of the Act after executing the deed of resignation.

Judge Manousaridis found that the applicant did not have reasonable prospects of successfully prosecuting her claims. The Court reasoned that the deed of release, which included a mutual release of claims, was a binding agreement. The Court determined that the *Disability Discrimination Act 1992* (Cth) was not capable of applying to the deed of release itself, nor did the Court have jurisdiction to set aside the deed in these circumstances. Consequently, the proceeding was dismissed.