ARTICLE · 20 OCTOBER 2006

Is A Gambling Addiction An Impairment?

Clayton Utz

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In a recent decision in Victoria, McDougall v Kimberley-Clark Australia Pty Ltd [2006] VCAT 1563, a Tribunal was asked to consider whether a gambling addiction constituted an impairment under Victorian's anti-discrimination legislation.

AustraliaEmployment and HR

Lucienne Mummé

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Key Point

The Victorian Civil and Administrative Tribunal will soon determine if a gambling or other addiction is an impairment.

In a recent decision in Victoria, McDougall v Kimberley-Clark Australia Pty Ltd [2006] VCAT 1563, a Tribunal was asked to consider whether a gambling addiction constituted an impairment under Victorian's anti-discrimination legislation. The employee had claimed that she had been discriminated against on the basis of impairment, when her employer denied her salary continuance after relocating from Melbourne to Perth to allegedly avoid Victoria's gaming machines.

Background

Ms McDougall had been an employee of Kimberly-Clark Australia Pty Ltd in Melbourne since October 1985. In November 2001, Ms McDougall's GP commenced treating her for depression and an addiction to gambling.

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