Queensland Civil and Administrative Tribunal

Ruiz v Credit Corp Group Limited & Ors [2015] QCAT 342 (ADL040-14) Member McLean Williams 2 September 2015

Full-text: QCAT15-342.pdf


Alleged discrimination on the basis of an impairment (major depression); Applicant unable to work full-time whilst subject to a relevant medical restriction. Applicant given a temporary part-time position to facilitate a graduated return to work program; Applicant’s employment terminated whilst still the subject of medical restriction; Circumstances where First Respondent contends that the ability to work on a full-time basis was a “genuine occupational requirement” of the applicant’s employment, pursuant to exemption in s.25 of the Anti-Discrimination Act 1991; Whether Applicant has been subject to either direct (s.10) or indirect (s.11) discrimination; whether claimed requirement of ability for full-time employment a genuine occupational requirement for purposes of s.25; Onus of proof as regards exemption.