Stevenson v Murdoch Community Services Inc

The case of Stevenson v Murdoch Community Services Inc was heard in the Australian Human Rights Commission. The applicant, Ms Stevenson, brought the action against Murdoch Community Services Inc, her former employer, alleging that she had been subjected to direct discrimination and victimisation on the grounds of disability, and that she was unlawfully terminated from her employment. The dispute arose from Ms Stevenson’s absence from work due to illness, which led to her employer terminating her employment. The applicant sought a range of remedies, including compensation and reinstatement.

The central legal issues before the court were whether Ms Stevenson had established that she had a disability within the meaning of the Disability Discrimination Act 1992, whether the employer had subjected her to direct discrimination or victimisation, and whether the employer had unlawfully terminated her employment. The court had to consider the evidence presented regarding Ms Stevenson’s health condition and the reasons for her absence from work, as well as the employer’s justification for terminating her employment.

In its reasoning, the court found that the applicant had not established that she had a disability as defined by the Act, primarily due to insufficient medical evidence. The court noted that Ms Stevenson had not provided sufficient documentation to substantiate her claim that she had a disability that substantially affected her ability to perform her work. Consequently, the court dismissed the applicant’s claims for direct discrimination and victimisation. Regarding the unlawful termination, the court found that while Ms Stevenson’s absence from work was due to illness, the employer had a legitimate reason to terminate her employment, as her absence had lasted longer than what was permitted under the employer's policies.

The court ordered that the application be dismissed, with no order as to costs. However, it granted the applicant leave to amend her application to include references to certain sections of the Workplace Relations Act 1996, allowing her to pursue a claim for reinstatement and penalty payments. The employer was directed to pay a penalty of $7,500 to the applicant and an amount of compensation comprising six months' remuneration, less any amount paid to the applicant in lieu of notice at the time of the termination.