Willis v Capital Radiology Pty Ltd

In *Willis v Capital Radiology Pty Ltd*, the applicant, Ms Willis, brought proceedings against the respondent, Capital Radiology Pty Ltd, alleging discrimination on the basis of her disability. The dispute concerned Ms Willis's dismissal from her employment as a radiographer.

The primary legal issue before the court was whether Capital Radiology Pty Ltd had unlawfully discriminated against Ms Willis by terminating her employment due to her disability, contrary to the provisions of the *Disability Discrimination Act 1992* (Cth). This required the court to consider whether Ms Willis's disability was the reason for her dismissal and, if so, whether the dismissal constituted unlawful discrimination.

Judge Riley found that Ms Willis's dismissal was directly related to her disability. The court reasoned that the employer's actions were not based on a genuine assessment of Ms Willis's capacity to perform the inherent requirements of her role, but rather on assumptions and concerns stemming from her medical condition. The court applied the principles of the *Disability Discrimination Act 1992* (Cth), focusing on the prohibition of discrimination against individuals with disabilities in the context of employment.

The court ordered that Capital Radiology Pty Ltd had unlawfully discriminated against Ms Willis and awarded damages to compensate her for her loss.