Thompson v IGT (Australia) Pty Ltd

FEDERAL COURT OF AUSTRALIA

Thompson v IGT (Australia) Pty Limited [2008] FCA 994

DISCRIMINATION LAW – allegations by employee of discrimination arising out of employee’s medical disability relating to back condition and employer’s response thereto – whether direction of employer to employee to undergo medical examination constitutes a detriment within the meaning of s 15(2)(d) of the Disability Discrimination Act 1992 (Cth) – causation issue – circumstances to be considered in determining whether employer’s direction to attend medical examination is made because of disability – comparator issue – whether the relevant comparator to use in determining whether differential treatment has been meted out to an employee

INDUSTRIAL RELATIONS – whether requirement to provide medical information to one’s employer that might be relevant to the performance of one’s work is a necessary or incident part of the employment relationship – whether a direction to provide such information by submitting to psychiatric assessment is lawful and reasonable where employee has a history of unexplained absences and there are inconsistencies in the information available in relation to the state of the employee’s health

PRELIMINARY INJUNCTIONS – costs – whether a costs order should be made where an application for interlocutory relief is dismissed pursuant to the generally applicable principles governing the grant or refusal of such relief – whether a costs order should be made where an application for interlocutory relief succeeds

Disability Discrimination Act 1992 (Cth): ss 5, 6, 15(2)
Occupational Health and Safety Act2004 (Vic): ss 21, 22

Purvis v State of New South Wales (Department of Education and Training) (2003) 217 CLR 92, applied
McManus v Scott‑Charlton (1996) 70 FCR 16, cited
Blackadder v Ramsay Butchering Services Proprietary Limited (2002) 118 FCR 395, cited

DARREN THOMPSON v IGT (AUSTRALIA) PTY LIMITED

VID 355 OF 2008

GOLDBERG J
5 JUNE 2008
MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY	VID 355 of 2008

BETWEEN:	DARREN THOMPSON Applicant
AND:	IGT (AUSTRALIA) PTY LIMITED Respondent
JUDGE:	GOLDBERG J
DATE OF ORDER:	5 JUNE 2008
WHERE MADE:	MELBOURNE

THE COURT ORDERS THAT:

1.The application for interlocutory relief sought in the application filed 20 May 2008 be dismissed.

2.The applicant pay the respondent’s costs of and incidental to the application for interlocutory relief.

3.Directions for the future conduct of the proceeding be reserved for further consideration.

Note:    Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY	VID 355 of 2008

BETWEEN:	DARREN THOMPSON Applicant
AND:	IGT (AUSTRALIA) PTY LIMITED Respondent
JUDGE:	GOLDBERG J
DATE:	5 JUNE 2008
PLACE:	MELBOURNE

REASONS FOR JUDGMENT

1. The applicant, Mr Darren Thompson, has been employed by the respondent, IGT (Australia) Pty Limited, since 5 March 2001 as a graphic artist and animator.  The respondent is part of the IGT Group whose parent company is International Game Technology Inc, a company with headquarters in the United States.  The respondent is one of its wholly‑owned subsidiaries.

2. On 20 May…