Sluggett v DIAC

FEDERAL MAGISTRATES COURT OF AUSTRALIA

SLUGGETT v DIAC & ANOR [2008] FMCA 735

HUMAN RIGHTS – Allegations of discrimination because of disability – complainant found surplus to employment requirements and placed in a process of involuntary redundancy – application for an injunction to preserve right of employment in public service – status quo – serious issue to be tried – balance of convenience.

Disability Discrimination Act 1992, ss.5, 6, 15, 35, 42 and 123
Human Rights and Equal Opportunity Commission Act 1986, ss.46PP, 46PO, 47PH

Rainsford v Group 4 Correctional Services [2002] FMCA 36
DeAlwis v Hair [2002] FMCA 357;
Beck v Liechardt Municipal Council [2002] FMCA 331
McIntosh v Australian Postal Corporation [2001] FCA 1012

Applicant: CHANDRAKANTHI SLUGGETT

First Respondent: DEPARTMENT OF IMMIGRATION & CITIZENSHIP

Second Respondent: DEPARTMENT OF FAMILIES HOUSING COMMUNITY SERVICES & INDIGENOUS AFFAIRS

File Number: ADG 129 of 2008

Judgment of: Brown FM

Hearing date: 30 May 2008

Date of Last Submission: 30 May 2008

Delivered at: Adelaide

Delivered on: 4 June 2008

REPRESENTATION

Counsel for the Applicant: Ms O'Connor

Solicitors for the Applicant: Lieschke & Weatherill

Counsel for the First Respondent: Ms Dowsett

Solicitors for the First Respondent: Australian Government Solicitor

Counsel for the Second Respondent: Ms Dowsett

Solicitors for the Second Respondent: Australian Government Solicitor

ORDERS

1. The respondent’s file and serve a response and affidavit in support within thirty-five (35) days of the date of these orders.

2. The matter be fixed for final hearing for five (5) days commencing 2 March 2009. 

3. The matter be listed for trial directions and to consider whether the matter should be referred to a dispute resolution process on 29 July 2008 at 9:30am

4. The interim applications herein be otherwise dismissed.

5. There be no order as to costs.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
ADELAIDE

ADG 129 of 2008

CHANDRAKANTHI SLUGGETT

Applicant

And

DEPARTMENT OF IMMIGRATION & CITIZENSHIP

First Respondent

DEPARTMENT OF FAMILIES HOUSING COMMUNITY SERVICES & INDIGENOUS AFFAIRS

Second Respondent

REASONS FOR JUDGMENT

Introduction

1. Chandrakanthi Sluggett “the applicant” contracted polio as a child.  As a result, she suffers from a condition known as post-polio syndrome.  She has significant weakness in her left leg, particularly her hip abductors, flexors, hamstrings and quadriceps.  Her condition can cause her pain and fatigue. 

2. The applicant has been a Commonwealth public servant since 1995.  Initially she was employed by ATTSIC.  She was engaged in providing administrative and research support to the Adelaide regional council of ATTSIC.

3. ATTSIC was formally abolished in June 2005 and, as a result, the applicant was transferred to the Department for Families, Community Services and Indigenous Affairs “FaCSIA” hereinafter referred to as “the department”, as a registry officer at an APS2 level in its office of Indigenous Policy Coordination.  As I understand matters, she has been employed on a permanent part-time basis.

4. On 4 April 2007, the applicant complained to the Human Rights & Equal Opportunities Commission “HREOC” claiming that FaCSIA had discriminated against her because of her disability and so had breached the provisions of…