Purvis v New South Wales (Department of Education and Training)
Jurisdiction | Australia Federal only |
Judge | Gleeson CJ,McHugh,Kirby JJ,Gummow,Hayne,Heydon JJ,Callinan J |
Judgment Date | 11 November 2003 |
Neutral Citation | 2003-1111 HCA B,[2003] HCA 62 |
Court | High Court |
Docket Number | S423/2002 |
Date | 11 November 2003 |
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4 firm's commentaries
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Misconduct unaffected by medical condition
...Education v Berkley [2012] HCA 32 and Construction Forestry Mining and Energy Union v BHP Coal Pty Ltd [2014] HCA 41 and Curtis v NSW [2003] HCA 62, showed that it is possible for there to be a close association between a proscribed reason and the conduct which gives rise to adverse action ......
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Monthly Update - Australian Labour & Employment - February 2015
...above, Justices Tracey and Buchanan (in their majority judgement) referred to the High Court's reasoning in Purvis v New South Wales [2003] HCA 62 (which was adopted in an adverse action context by Chief Justice French and Justice Crennan in Board of Bendigo Regional Institute of Technical ......
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Hidden disabilities in the workforce and inadvertent discrimination
...is a symptom or manifestation of a disability. As the High Court held in Purvis v New South Wales (Department of Education and Training) [2003] HCA 62: To interpret the definition of 'disability' as referring only to the underlying disorder undermines the utility of the discrimination pro......
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Discrimination Amendments Now Law
...on the Productivity Commission's 2004 report on federal disability and in response to Purvis v New South Wales (Department of Education) [2003] HCA 62 and Forest Queensland Health [2007] FCA 93. Minor amendments were also made to the Racial Discrimination Act 1975 (Cth), the Sex Discriminat......
11 books & journal articles
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‘All About That Bass’? Is non‐ideal‐weight discrimination unlawful in the UK?
...(AG) [1997] 3SCR 624; Quebec vMontr´eal;Quebec vBoisbriand [2000] 1 SCR 665; and the Australian HighCourt in Purvis vNew South Wales (2003) 202 ALR 133. See also the definition of disabilityin the New Zealand Disability Strategy of 2009. Some have claimed that the Netherlands Wetgelijke be......
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Sex Discrimination, Courts and Corporate Power
...of who is the appropriate comparator has been thrown into disarray by Purvis v New South Wales (Department of Education and Training) (2003) 217 CLR 92, a complaint arising under the Disability Discrimination Act 1992 (Cth). The majority judges in the High Court held that the appropriate (h......
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Reigniting the Lamp: The Case for Including People who are Blind or Deaf as Jurors
...makes them an additional person in the jury room is rendered irrelevant for the comparative analysis’. 116 108 Purvis v New South Wales [2003] HCA 62 [114]. 109 See, eg, Discrimination Act 1991 (ACT); Anti-Discrimination Act (NSW); Equal Opportunity Act 2010 (Vic); Equal Opportunity Act 198......
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The educational rights of persons with disabilities
...on 17 December 1990 and ratifiedthe latter instrument on 17 July 2008.77. See Section 3 of the Disability Discrimination Act 1992.78. (2003) 217 CLR 92.79. Purvis involved a foster child who was enrolled in a mainstream junior high school class. Thechild had multiple complex disabilities du......
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