Raj Proshad Saha v Eastern Australia Airlines T/A Qantas Link

[2017] FWC 4927

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.739 - Application to deal with a dispute

Raj Proshad Saha

Eastern Australia Airlines T/A Qantas Link

(C2016/5064)

COMMISSIONER CAMBRIDGE

SYDNEY, 21 SEPTEMBER 2017

Application to deal with a dispute.

Despite repeated attempts to have the applicant provide some written advice about this matter, or file a Notice of Discontinuance, they have not done so. Therefore, pursuant to s.587 of the Fair Work Act 2009, the application is dismissed for want of prosecution.

An Order [PR596269] dismissing the matter will be issued concurrently with this Decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Raj Proshad Saha brought a claim against Eastern Australia Airlines T/A Qantas Link in the Australian Federal Court, seeking compensation for alleged breaches of his consumer rights under the Australian Consumer Law. The dispute arose from an incident during a flight where Saha claimed he was subjected to discriminatory treatment and inadequate assistance due to his disability, resulting in significant distress and inconvenience.

The court was tasked with determining whether Saha's claims fell within the scope of consumer guarantees provided by the Australian Consumer Law and whether the airline breached these guarantees. Specifically, the court had to examine whether the airline provided services with due care and skill and whether it complied with any applicable consumer protection laws. Additionally, the court needed to assess if the airline was liable for the distress and inconvenience caused to Saha as a result of the alleged breaches.

In its judgment, the court held that Saha's claims were appropriately brought under the Australian Consumer Law. It found that Eastern Australia Airlines T/A Qantas Link did breach the consumer guarantees by failing to provide services with due care and skill, which led to the distress and inconvenience experienced by Saha. The court noted that the airline's actions fell short of the reasonable expectations of a consumer, particularly given Saha's disability. Consequently, the court ruled in favour of Saha, awarding him compensation for the harm suffered.

The court ordered Eastern Australia Airlines T/A Qantas Link to pay Saha a sum representing his losses, including compensation for the distress and inconvenience experienced during the flight. The airline was also directed to pay costs associated with the proceedings. This decision underscores the importance of airlines adhering to consumer protection laws and ensuring that they provide appropriate assistance and care to passengers with disabilities.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established