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AED Film Night - Beauty and the Beast

AED Film Night - Beauty and the Beast

Posted by Phillip Camela.

6:45 pm Friday 24 March 2017

Now you can choose from one of two cinemas:

Sun Theatre, 8 Ballarat Street, Yarraville   OR Palace Balwyn Cinema, 231 Whitehorse Rd, Balwyn

From the wonderful world of Disney AED is proud to present its first fundraising Film Night for 2017, the classic ' Beauty and the Beast '.

Belle (Emma Watson), a bright, beautiful and independent young woman, is taken prisoner by a beast (Dan Stevens) in its castle. Despite her fears, she befriends the castle's enchanted staff and learns to look beyond the beast's hideous exterior, allowing her to recognize the kind heart and soul of the true prince that hides inside.

Tickets $35 Adults and $28 Children include a catering pack of small popcorn, choc top and small soft drink or bottle of water.

Palace Balwyn Cinema is a few steps from Stop 46 Tram No. 109.The Sun Theatre is at a short walking distance from Yarraville Train Station. There is also plenty of off-the street parking.

This is a fundraising event, 100% of proceeds from the night will go to support AED Legal Centre in giving access to justice to people with disability.

No tickets will be available on the night for this event.

Get your tickets for Palace Balwyn Cinema now at: https://www.trybooking.com/OSGW     OR

Get your tickets for Sun Theatre Yarraville now at: https://www.trybooking.com/ONUG

Phillip Camela Posted by Phillip Camela.
HISTORIC VICTORY FOR WORKERS WITH DISABILITY

HISTORIC VICTORY FOR WORKERS WITH DISABILITY

Posted by Phillip Camela.

Justice North from the Federal Court of Australia approved today the settlement of the class action between the Commonwealth and employees of Australian Disability Enterprises (ADEs) whose wages had been assessed under the Business Services Wage Assessment Tool (BSWAT).

The decision is worth $100 + millions of dollars that will benefit employees with disability working in ADEs around Australia.

Our warmest congratulations to Tyson Duval-Comrie, the chief litigant in the class action who took the Federal government to court where he represented the 10,000 workers with intellectual disability in ADEs whose wages were assessed using the BSWAT (a wage assessment tool).

The class action settlement approved today means that these workers will be eligible to get 70% of the money owed to them by the government through a law that passed in both Houses of Parliament – the Business Services Wage Assessment Tool (BSWAT) Payment Scheme.

This case is the culmination of years and years of hard fought advocacy work by AED Legal Centre (an organisations funded by DSS through the National Disability Advocacy Program) with support from DANA, PWDA, Inclusion Australia & Maurice Blackburn Lawyers.

We collectively encourage all eligible employees of ADEs to register under the BSWAT Payment Scheme. This scheme provides a one-off payment to eligible ADE employees.

For information on the BSWAT Payment Scheme, you can call the AED Legal Centre on (03) 9650 2533 and leave a message or email noni.lord@aed.org.au.

It very important that as many people as possible register for the BSWAT Payment Scheme.

This can be done in a number of ways, by:

• Visiting the website at: https://bswat.dss.gov.au/

• Phoning the BSWAT Hotline on 1800 880 052

• Emailing bswatpayments@dss.gov.au

• Phoning AED Legal Centre on (03) 9639 4333 - leave a message or email noni.lord@aed.org.au

AED Legal Centre is recognised by the federal government as a provider of legal advice once an offer has been made. 

[Image; a group of 11 people standing in front of the Federal Court in Melbourne. They are wearing business clothes. In the centre is chief litigant Tyson Duval-Comrie - he is wearing a suit and sunglasses. Photo from AED Legal Centre.]

Phillip Camela Posted by Phillip Camela.
CONGRATULATIONS ROLF SORENSEN

CONGRATULATIONS ROLF SORENSEN

Posted by Phillip Camela.

Our warmest congratulations to Rolf Sorensen for winning the 2016 Susan Crennan Award for his pro-bono work for over 10 years with the AED Legal Centre. We at AED can't thank Rolf enough for his help. The recognition and the award could not have gone to a nicer and more deserving person.

Phillip Camela Posted by Phillip Camela.
KAIRSTY WILSON WINS 2016 NATIONAL DISABILITY AWARD

KAIRSTY WILSON WINS 2016 NATIONAL DISABILITY AWARD

Posted by Phillip Camela.

AED's Principal Legal Practitioner Kairsty Wilson is the co-winner of this year's National Disability Award for the category Excellence in Justice and Rights Promotion.

She received the award at a dinner in the Great Hall of Parliament House Canberra on 7 November 2016 from the Hon Jane Prentice MP, Assistant Minister for Social Services and Disability Services.

Congratulations to Kairsty for the recognition of her work, it is truly well deserved !

Picture: Kairsty during her acceptance speech

Phillip Camela Posted by Phillip Camela.
BSWAT PAYMENT SCHEME

BSWAT PAYMENT SCHEME

Posted by Phillip Camela.


AED Legal Centre has been notified by the Department of Social Services (DSS) that we have been approved to provide legal advice under the Business Services Wage Assessment Tool (BSWAT) Payment Scheme (the scheme). Our details have been published on the DSS webpage and can be found at https://www.dss.gov.au/disability-and-carers/programmes-services/for-people-with-disability/bswat-payment-scheme/register-of-legal-advisors-and-financial-counsellors-bswat-payment-scheme#legal-vic

We were contacted yesterday by one of our clients who said that he has accepted an offer of payment under the scheme.

This client did not seek legal advice and we are concerned that many employees will not be aware of their rights under the scheme.

So we ask you to spread the word to your colleagues as well as to refer your clients who have received an offer to us so that we can ensure they receive legal advice in relation to the payment.

If you have any questions about the process, please ring AED Legal Centre on 03 9639 4333 or email noni.lord@aed.org.au

 

Kind regards,

Kairsty Wilson

Phillip Camela Posted by Phillip Camela.
IMPORTANT UPDATE - BSWAT CLASS ACTION

IMPORTANT UPDATE - BSWAT CLASS ACTION

Important Update on BSWAT Class Action
Maurice and Blackburn Lawyers,

The Class Action was made on behalf of supported employees with intellectual disability, who had their wages assessed using the Business Services Wage Assessment Tool (BSWAT) between 1 January 2004 and 28 May 2014.
This is the last chance for class members to have a say about this important legal case. A special session of the Federal Court is being held, where the Judge is expected to make a decision abo...ut the settlement. Class members may attend the special session taking place on 12 December, at the Owen Dixon Commonwealth Law Courts Building in Melbourne CBD.
Regardless of the outcome of the Class Action, supported employees with intellectual disability, affected by this case should still register for the BSWAT Payment Scheme.

If class members are happy to be involved in the case and they agree with the settlement, they are not required to do anything.

Class members who are not happy with the settlement, or do not want to be a part of the Class Action, you need to notify one of the following by 7 December 2016.
Maurice Blackburn Lawyers:
T: 1800 654 990
The Federal Court of Australia:
T: 03 8600 3333

Failure to make reasonable adjustments for employee with disability cost employer over $170k

Failure to make reasonable adjustments for employee with disability cost employer over $170k

19 July 2015

Article by Louise Rumble and James True

Marque Lawyers

The Federal Circuit Court has ruled that Corrective Services NSW unlawfully discriminated against Caryn Huntley, an employee, who suffered from Crohn'sDisease and idiopathic hypersomnolanceby failing to make "reasonable adjustments".

While the Court found a number of flaws in Corrective Services NSW's handling of the medical condition and subsequent termination, it focussed on the employer's obligations around "reasonable adjustments". Suffering the disease and sleep disorder ("disabilities" for the purposes of disability discrimination legislation), Ms Huntley had provided medical evidence to the employer regarding her ability to perform her role which, relevantly, included some travel.

The Court found the employer had misinterpreted that evidence when it determined Ms Huntley should be medically retired because she was unable to travel for more than 30 minutes. On the contrary, that medical evidence asserted Ms Huntley could take trips greater than 30 minutes, so long as she was able to take a break along the way. A reasonable adjustment to make?

The Disability Discrimination Act 1992 (Cth) (Act) provides that an employer will not have unlawfully discriminated against an employee if, because of the disability, the employee would be unable to carry out the inherent requirements of the job even if the employer made reasonable adjustments for that employee. Under the Act, an adjustment is reasonable unless making it would impose an unjustifiable hardship on the employer.

So, did Corrective Services NSW make reasonable adjustments? Basing its decision on the fact the employer had misinterpreted the medical evidence presented by Ms Huntley, had considered the condition an "illness" rather than a "disability" (the latter meaning the disability discrimination legislation was relevant) and subsequently terminated the employment, the Court said no.

Corrective Services NSW had failed to: consider the inherent requirements of the role; consider any reasonable adjustments that could be made to assist the employee to perform the inherent requirements; and implement those adjustments. Relevantly, the employer was ordered to pay compensation for pain and suffering and breach of contract to the tune of over $170k plus interest.

Lessons learned: employers ought to carefully consider whether an employee's illness or medical condition is a "disability" and, if so, take steps to comply with the obligations which arise from the disability discrimination legislation. A failure to do so could be costly.

We do not disclaim anything about this article. We're quite proud of it really.

 

 

 

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