Vijayakumar v Qantas Airways Limited (No.2)

Vijayakumar, the applicant, commenced proceedings against Qantas Airways Limited, the respondent, in the Federal Magistrates Court of Australia, seeking relief for alleged disability discrimination. The applicant claimed that Qantas breached the Disability Discrimination Act 1992 by failing to provide reasonable adjustments that would allow him to perform his duties as a pilot. The respondent denied the allegations and argued that the applicant's disability did not prevent him from performing his role effectively.

The primary legal issues before the court involved whether Qantas had contravened the Disability Discrimination Act by failing to provide reasonable adjustments, and if so, what relief the applicant was entitled to. Additionally, the court needed to determine the costs associated with the proceedings, including those related to the intervention of the Acting Disability Discrimination Commissioner as an amicus curiae.

The court found that Qantas had not contravened the Disability Discrimination Act as the applicant's medical condition did not impede his ability to perform his duties. The court rejected the applicant's claims and dismissed his application. In terms of costs, the court ruled that both parties were to bear their own costs for the hearing of the application to intervene. The court also ordered that the applicant was to pay the respondent's costs of the proceeding up until a certain date on a specified scale, and from that date onwards on an indemnity basis. Furthermore, the court certified that it was reasonable for the respondent to employ an advocate and ordered the applicant to pay the respondent’s costs of the application. The costs were to be taxed by a Registrar of the Court.

In summary, the Federal Magistrates Court dismissed the applicant's claims against the respondent and ordered the applicant to pay the majority of the respondent's costs associated with the proceedings. The court also certified the reasonableness of the respondent's decision to employ an advocate and directed that the costs be taxed by a Registrar of the Court.