State of New South Wales (Department of Justice - Corrective Services) v Huntley

In the case of State of New South Wales (Department of Justice - Corrective Services) v Huntley, the primary concern was whether the employer, the Department of Justice - Corrective Services, had unlawfully discriminated against the employee, Ms. Huntley, on the basis of her disability, in breach of the Disability Discrimination Act 1992 (Cth). The dispute reached the court, where the legal issues were whether the primary judge correctly identified the breaches under the Act, and if the employer had failed to make reasonable adjustments for Ms. Huntley’s disability, whether the failure constituted discrimination, and if the employer's actions denied Ms. Huntley access to a benefit or subjected her to a detriment.

The court examined the primary judge's findings and concluded that there was no error in the primary judge's determination that the employer had failed to make reasonable adjustments for Ms. Huntley's disability. The court emphasised that once Ms. Huntley proved specific identifiable adjustments were available, the onus shifted to the employer to demonstrate that implementing these adjustments would have imposed an unjustifiable hardship, which the employer failed to do. Furthermore, the court noted that the employer did not argue that making the adjustments would have imposed an unjustifiable hardship, and thus, the employer's failure to comply with its policies subjected Ms. Huntley to a detriment and denied her access to a benefit. The court also dismissed the employer's arguments that the primary judge failed to identify an appropriate comparator and that the employer did not discriminate against Ms. Huntley.

In summary, the appeal was dismissed with costs, except in relation to ground 8 concerning the breach of an implied term of trust and confidence, which was conceded by the respondent. The declaration made by the primary judge was varied to specify the breaches under sections 5(2) and 15 of the Disability Discrimination Act 1992 (Cth). The employer was ordered to pay the costs of the respondent as agreed or assessed.