HUMAN RIGHTS - direct discrimination - whether unlawful discrimination in employment on ground of a disability contrary to sections 5 and 15 Disability Discrimination Act 1992 (Cth) - whether failure by primary judge to identify appropriate comparator where matter not in issue at trial - whether failure to make reasonable adjustments for the aggrieved person contrary to section 5(2) -where employer did not allege at trial that making the adjustments would impose an unjustifiable hardship - where short-term return to work only put in place contrary to medical advice - whether defence in section 21A that aggrieved person unable to carry out the inherent requirements of the particular work established - where employer relied at trial upon generic documents to establish inherent requirements - whether discrimination of a nature covered by the section 21A defence - where failure by employer to comply with its policies subjected aggrieved person to a detriment and denied aggrieved person access to a benefit.
DAMAGES - where no issue raised at trial as to quantum of damages - whether assessment of damages tainted by erroneous finding of breach of implied term of trust and confidence in employment contract.
PRACTICE AND PROCEDURE - where issues raised for the first time on appeal- where prejudice to respondent - leave refused to raise new issues ;
EVIDENCE -section 79, Evidence Act 1995 (Cth) - where medical reports annexed only to affidavits of other witnesses - observations on failure to provide medical reports in admissible form ;
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