Tate v State of Victoria (Department of Human Services) – Nov 2014

This was a case involving a former employee of DHS claiming discrimination.

Specifically:

• direct and indirect discrimination on the basis of status as a parent or carer in the area of employment, in breach of sub-sections 18(a), 18(b) and 18(d) of the Equal Opportunity Act (EOA) 2010
• direct discrimination on the basis of employment activity in the area of employment, in breach of sub-sections 18(a), 18(b) and 18(d) of the Act
• discrimination on the grounds of an unreasonable refusal to accommodate a person’s responsibilities as parent or carer in breach of section 19 of the Act
• victimisation in breach of section 103 of the Act.

The Commission’s submissions in this proceeding focused solely on providing a framework for the Tribunal to interpret section 19 of the EOA 2010, the preferred approach to interpretation of section 19 in light of the limited case law available for guidance; what it means to accommodate an employee’s responsibilities as a parent or carer; what it means to unreasonably refuse to accommodate those responsibilities; and the interaction between section 19 and the right to request flexible working arrangements in the Fair Work Act 2000 (Cth).

The Tribunal heard the application over 8 days in November 2014 before Senior Member Megay. The case was dismissed.