In Sluggett v Commonwealth of Australia [2011] FMCA 609 (30
August 2011) (Sluggett), the Federal Magistrates Court of Australia
(FMCA) reaffirmed that anti-discrimination laws are a two-way
street. Affected employees are protected from being treated
adversely, but are not entitled to be treated more favourably than
a person without disability.
Importantly, this case confirms that an employer is not
precluded from exercising its right to discipline an employee, whom
it would otherwise discipline, simply because the individual has or
is threatening to agitate a discrimination claim.
The decision represents important encouragement for employers
who have in place sound human resources policies and procedures.
Such employers should feel increased trust in those systems when
confronted with difficult discrimination-related situations.
