Maxworthy v Shaw [2010] FMCA 1014
A recent case has found that a comment relating to the physical
manifestation of a disability can be used to infer direct
discrimination on the basis of that disability.
The applicant, who was a single mother of four was originally
employed by the Taree Lunch Spot in June 2007 to work three hours
per day, two days per week starting at 11:30am. She also had a
second part time job working at an aged care facility. She suffered
from Chron's disease and as a result, had to wear a colostomy
bag. In October 2007, new owners took over the shop and they
continued the applicant's employment.
In spite of the applicant's family responsibilities and
despite her objections, the new owners substantially increased her
hours and put pressure on her to expand mobile sales. As the
applicant stated that she could not work those hours because of her
family responsibilities, the owners of the business indicated that
they would get a second person to
