ARTICLE · 08 MARCH 2017

Gambling addiction and theft – can the two be linked?

DWF (Australia)

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Courts have not yet determined if a gambling addiction constitutes a disability for the purposes of discriminations laws.

AustraliaEmployment and HR

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In what circumstances can an employee with a gambling addiction accused of theft bring a discrimination claim? The recent case of Hinder v Salvation Army (NSW) Property Trust (No. 3) [2017] NSWCATAD 16 sheds some light on this issue. There are two central issues:

1. Is there any evidence to show a connection between the theft and the gambling addiction?
2. Is gambling addiction a disability under discrimination laws?

The Facts

In the case, the Applicant alleged she was discriminated at work on the grounds of a persistent depressive disorder that manifested in the form of a pathological gambling addiction. The Applicant was employed as a shop assistant by the Salvation Army. She had provided her employer with a document outlining her previous struggle with gambling (and theft) and her ongoing recovery

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