Ruiz v Credit Corp Group Limited

CITATION:	Ruiz v Credit Corp Group Limited & Ors [2015] QCAT 342
PARTIES:	Raymond Ruiz (Applicant)
v
Credit Corp Group Limited ABN 33 092 697 151 (First Respondent) Adam Carpenter (Second Respondent) Sarah Caskey (Third Respondent)

APPLICATION NUMBER: ADL040-14

MATTER TYPE: Anti-discrimination matters

HEARING DATE: 5 December 2014

HEARD AT: Brisbane

DECISION OF:	Member McLean Williams
DELIVERED ON:	2 September 2015

DELIVERED AT: Brisbane

ORDERS MADE:

The order of the Tribunal is as follows:

The application is dismissed.

CATCHWORDS:

Alleged discrimination on the basis of an impairment (major depression); Applicant unable to work full-time whilst subject to a relevant medical restriction. Applicant given a temporary part-time position to facilitate a graduated return to work program; Applicant’s employment terminated whilst still the subject of medical restriction; Circumstances where First Respondent contends that the ability to work on a full-time basis was a “genuine occupational requirement” of the applicant’s employment, pursuant to exemption in s.25 of the Anti-Discrimination Act 1991; Whether Applicant has been subject to either direct (s.10) or indirect (s.11) discrimination; whether claimed requirement of ability for full-time employment a genuine occupational requirement for purposes of s.25; Onus of proof as regards exemption.

Anti-Discrimination Act 1991 (Qld) ss 7(h), 10, 11, 15, 25, 205 and 206 considered.

State of Queensland (Queensland Health) v Chivers [2013] QCATA 256 applied.
Qantas Airways Limited v Christie (1998) 193 CLR 280; X v The Commonwealth (1999) 200 CLR 177; Cosma v Qantas Airways Ltd [2002] FCAFC 425 ([2002] FCA 640) considered.

APPEARANCES and REPRESENTATION (If any):

The Applicant, in person

Mr A James (of Counsel), instructed by Piper Alderman, Lawyers for the Respondents.

Reasons for Decision:

1. This is an application under the Anti-Discrimination Act 1991 (Qld) after the referral of a matter to QCAT by the Anti-Discrimination Commission of Queensland.

2. The Complainant/Applicant, Mr Raymond Ruiz, is a former employee of Credit Corp Group Limited (‘CCGL’, the First Respondent).  CCGL is an Australian receivables management company that purchases and then attempts to recover consumer debts, including credit card debts and personal loans.

3. Mr Ruiz commenced his employment with CCGL on 31 October 2006, initially as a Customer Relationship Manager (‘CRM’).  In early 2011, and by then already promoted to Senior Customer Relationship Manager (‘SCRM’), Mr Ruiz was approached by his then Operations Manager and asked to take on an even more senior role, as a Team Performance Manager (‘TPM’).  This he did, commencing on 1 April 2011.

4. Mr Ruiz contends that he had expressed reservations about his preparedness for the TPM role, because he felt that he lacked the necessary computer skills for this more senior position.  Yet, Mr Ruiz says that he was assured that he would be taught all the necessary additional skills, on the job.  Despite those assurances, Mr Ruiz says that he was never provided with any additional computer training, and, in consequence, that he floundered.

5. In about October 2012 - by now having been a TPM for approximately 20 months - Mr Ruiz underwent a performance…