Zoltaszek v Downer EDI Engineering Pty Ltd (No.2)

The case of Zoltaszek v Downer EDI Engineering Pty Ltd (No. 2) [2010] FMCA 938 was heard by Barnes FM in the Federal Magistrates Court. The applicant, Zenon Zoltaszek, sought to establish discrimination and harassment under the Disability Discrimination Act 1992 (Cth) by the respondent, Downer EDI Engineering Pty Limited, alleging that he was an employee or contract worker of Downer. Zoltaszek claimed that Downer failed to provide him with light duties after he informed them of his tendonitis and that the requirement to attend installation jobs which required heavy lifting constituted either direct or indirect discrimination. Zoltaszek also alleged that Downer engaged in harassment contrary to the Act. The court found that Zoltaszek had not established any unlawful conduct under the Act. The court determined that Zoltaszek was not an employee of Downer but an employee of Impowest Pty Ltd, an independent contractor. The court found that Zoltaszek had not proven that he had a disability within the meaning of the Act, and that Downer had not discriminated against him on the ground of any disability. The court also found that Downer had not engaged in any harassment of Zoltaszek. The application was dismissed.