Stefanac v Secretary, Department of Family and Community Services

In Stefanac v Secretary, Department of Family and Community Services, the Fair Work Commission addressed a complaint of disability discrimination brought by Ms Stefanac against her former employer, the Department of Family and Community Services. Ms Stefanac alleged that she was subjected to discriminatory treatment due to the employer's assumption that she had a mental illness, which led to her being directed to go on sick leave. The central dispute was whether the employer's actions constituted direct discrimination under the Australian Human Rights Commission Act 1986, specifically in the context of assumed disability.

The key legal issue before the Commission was whether the differential treatment element of direct discrimination could apply to cases of assumed disability. This required the Commission to consider whether the employer's actions, which were based on an incorrect assumption about Ms Stefanac's health, could be considered discriminatory under the Act. The Commission had to determine if such assumptions, which led to differential treatment, could be classified as direct discrimination.

In its decision, the Commission found that the complaint was substantiated. It concluded that the employer's actions, which were based on the assumption that Ms Stefanac had a mental illness, amounted to direct discrimination. The Commission reasoned that the employer's differential treatment of Ms Stefanac, driven by an incorrect assumption of disability, constituted a form of discrimination that was prohibited by the Act. Consequently, the Commission ordered the Secretary to pay damages of $20,000 to Ms Stefanac within 28 days of the decision.