FEDERAL MAGISTRATES COURT OF AUSTRALIA
| ZOLTASZEK v DOWNER EDI ENGINEERING PTY LTD (No.2) | [2010] FMCA 938 |
| HUMAN RIGHTS – Disability discrimination – whether applicant was an employee – whether back pain and/or tendonitis constituted or gave rise to a disability – whether direct or indirect discrimination or harassment in allocation of work orders or otherwise – application dismissed. |
| Australian Human Rights Commission Act 1986 (Cth), s.46PO Disability Discrimination Act 1992 (Cth), ss.4, 5, 6, 11, 15, 17, 35 Evidence Act 1995 (Cth), s.140 |
| Ferrus v Qantas Airways Ltd (2006) 155 IR 88; [2006] FCA 812 Fetherston v Peninsula Health [2004] FCA 485 |
| Applicant: | ZENON ZOLTASZEK |
| Respondent: | DOWNER EDI ENGINEERING PTY LIMITED |
| File Number: | SYG 1569 of 2009 |
| Judgment of: | Barnes FM |
| Hearing date: | 21 September 2010 |
| Delivered at: | Sydney |
| Delivered on: | 3 December 2010 |
REPRESENTATION
| Applicant: | In person |
| Counsel for the Respondent: | Ms K Nomchong |
| Solicitors for the Respondent: | FCB Workplace Lawyers & Consultants |
ORDERS
The application be dismissed.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY |
SYG 1569 of 2009
| ZENON ZOLTASZEK |
Applicant
And
| DOWNER EDI ENGINEERING PTY LIMITED |
Respondent
REASONS FOR JUDGMENT
These proceedings
The applicant, Mr Zoltaszek, alleges discrimination and harassment under the Disability Discrimination Act 1992 (Cth) (the Act) (as it stood prior to 20 July 2009 amendments) by the respondent Downer EDI Engineering Pty Limited (Downer). He filed an application in this court on 1 July 2009 pursuant to s.46PO of the Human Rights and Equal Opportunity Commission Act 1986 (Cth) (as it then was) following the termination of his complaint to the Human Rights and Equal Opportunity Commission (now known as the Australian Human Rights Commission).
Downer provides satellite installation and maintenance services for Foxtel Management Pty Ltd (Foxtel). It engages contractors to carry out the work comprising such services under the terms of Foxtel Subcontractor Agreements. Impowest Pty Ltd (Impowest) was a corporation registered on 4 September 2003. Mr Zoltaszek was at all relevant times the sole director and shareholder of Impowest until its voluntary deregistration on 22 August 2010.
Relevantly, Downer entered into a subcontractor agreement with Impowest on 26 October 2004 for the performance of such services for Foxtel. Mr Zoltaszek was the technician who carried out the work contracted for by Impowest, performing satellite installation and maintenance services from about October 2004 until 9 May 2007.
Mr Zoltaszek claimed that he had a disability within paragraph (e) of the definition of disability in s.4 of the Act, consisting of…
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- Case
- [2010] FMCA 938
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