In a recent case, the Federal Magistrates Court handed down a decision ordering that Qantas pay a former licensed aircraft mechanical engineer $71,692 after accepting that discriminatory remarks in the workplace contributed to the man’s depressive illness.

The man claimed discrimination on both racial and disability grounds that were linked to his injuries. He further claimed that he was denied training and promotion opportunities and treated differently to other injured colleagues.

An employee with Qantas for nearly 20 years, Qantas sacked him in October 2002 when his wife informed the company he had developed severe depression and would not return to work for a long period of time.

Federal Magistrate Kenneth Raphael rejected the man’s claims that he was denied training or promotion on racial grounds as there was overwhelming evidence that proper procedures for such were in place and followed and all findings against the company were linked to remarks made or condoned by the man’s supervisor, the foreman, he may have had some influence on promotions, but would not be making them and that there was no evidence that his view of management’s policies was correct.

Federal Magistrate Raphael found that the medical evidence did support the man’s claim that the found discriminatory events did contribute to his depressive illness and awarded him damages with interest plus compensation for past and future medical expenses totalling $71,692.

The man had asked for an apology however Federal Magistrate Raphael concluded it should come from the heart and not from a court order. He added that after reading the decision of the Court and contemplating the results of their actions that Qantas and the foreman take it upon themselves to write to the man.

 

For further information, please contact Louise Houlihan on +61 3 9608 2273 or l.houlihan@cornwalls.com.au