Watson v Uniting Care

In *Watson v Uniting Care*, the applicant, Ms Watson, brought proceedings against the respondent, Uniting Care, alleging that she had been unlawfully discriminated against on the basis of her age and disability during her employment and subsequent dismissal. The matter came before the Federal Court of Australia.

The primary legal issues before the Court were whether Uniting Care had unlawfully discriminated against Ms Watson under the *Age Discrimination Act 2004* (Cth) and the *Disability Discrimination Act 1992* (Cth) by treating her unfavourably due to her age and/or disability, and whether her dismissal constituted unlawful age and/or disability discrimination.

Judge Altobelli considered the evidence presented by both parties, focusing on the reasons for Ms Watson's dismissal and whether those reasons were directly or indirectly related to her age or disability. The Court applied the principles of unlawful discrimination as defined in the relevant Commonwealth legislation, examining whether the treatment complained of was less favourable than that afforded to a person without the protected attribute in circumstances that were not materially different. The Court also considered whether any defence was available to Uniting Care, such as the defence of genuine occupational requirement or other justifications permitted by the legislation.

The Court found that Uniting Care had not unlawfully discriminated against Ms Watson on the basis of her age or disability. Consequently, the application was dismissed.