Suttor v Bunnings Group Ltd ACN 008 672 179

The case of Suttor v Bunnings Group Ltd ACN 008 672 179 was heard by the Anti-Discrimination Tribunal of New South Wales. The applicant, Ms Suttor, alleged that Bunnings Group Ltd had indirectly discriminated against her due to her disability when providing goods and services. The dispute centred on whether Bunnings had treated Ms Suttor unfavourably because of her disability, and whether such treatment amounted to indirect discrimination under the relevant legislation.

The legal issues before the Tribunal included whether Bunnings' conduct amounted to direct discrimination, which would require evidence of unfavourable treatment occurring as a result of Ms Suttor's disability. The second issue was whether the conduct amounted to indirect discrimination, requiring evidence that the conduct had the effect of disadvantaging Ms Suttor because of her disability. The Tribunal had to determine whether the conduct was discriminatory and, if so, the appropriate remedy.

In its decision, the Tribunal found that there was no direct discrimination as there was no evidence that Bunnings' conduct was a result of Ms Suttor's disability. However, the Tribunal concluded that there was indirect discrimination. The Tribunal found that Bunnings' conduct had the effect of disadvantaging Ms Suttor because of her disability, specifically in how goods and services were provided. This decision was based on the evidence that Ms Suttor was treated less favourably in comparison to other customers, which disadvantaged her due to her disability. As a result, the Tribunal ordered Bunnings to pay Ms Suttor compensation for the genuine distress and humiliation she suffered due to the discriminatory conduct.

The Tribunal's decision emphasised the importance of understanding the distinction between direct and indirect discrimination and the necessity of evidence to support claims of indirect discrimination. The order for compensation reflects the Tribunal's recognition of the impact of discriminatory conduct on the applicant.