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Historic court victory

Jan 13 2015

Historic court victory

 AED's greatest achievement to date is the Federal Court decision in a landmark wage case that has had wide-ranging ramifications for 20,000 employees with disabilities working in Australian Disability Enterprises.

AED Legal Centre spearheaded the BSWAT test case on behalf of two employees with an intellectual disability, Mr Michael Nojin and Mr Gordon Prior  resulting in a landmark decision in the Federal Court (2012) and High Court (2013) that this wage assessment tool was discriminatory, in contravention of s 15 of the Disability Discrimination Act 1992.

This was a complex and long case (went for 5 years) and the Federal and High Courts decision was for AED the culmination of 10 years of dedicated legal advocacy.

The Respondents, the Commonwealth Government, had applied to the High Court of Australia for special leave to appeal the Federal Court decision. On 10 May 2013, their application was rejected and the decision of the Federal Court upheld.

This historic victory was an affirmation of the human rights of people with a disability across Australia and will lead to an overhaul of the wage assessment process and the removal of the discriminatory elements that disadvantage people with an intellectual disability.

 

 

An Apology

Dec 21 2014

An Apology

Jane was a supported employee working in an Australian Disability Enterprise (ADE). When she was terminated from work she sought help from AED Legal Centre. The lawyers from AED helped Jane to make an application at the Australian Industrial Relation Commission (now Fair Work commission) because she thought she received unjust treatment from her employer. As well as financial compensation, Jane received an apology from both the Employer and her Supervisor as well as being able to continue playing basketball with her team from the ADE. This was important to Jane as she enjoyed playing basketball with her ex workmates.

A win for employees with disability

Jan 13 2015

A win for employees with disability

AED Legal Centre spearheaded a wage assessment test case on behalf of Gordon Prior and Michael Nojin, two employees with an intellectual disability. The case was won, the landmark decision, (Federal Court of Appeal (2012) and High Court of Australia (2013)) finding that this assessment tool was discriminatory, in contravention of s 15 of the Disability Discrimination Act 1992. A very complex and long case (5 years) with the decision for AED being the culmination of 10 years of dedicated legal advocacy. This historic victory will lead to the removal of the discriminatory elements of the wage assessment that disadvantage people with an intellectual disability. The Commonwealth is currently working to either amend the wage assessment tool or develop and implement a different wage assessment process for the 20,000 employees with disabilities who work in Australian Disability Enterprises (ADEs) across Australia.

Testimonials

  • "When I was at my lowest in life, AED gave me hope and because of the hope that they gave me, I was able to move forward". John

  • "The best thing about AED Legal Centre is that they treat their Clients like they were members of their family". Amanda

  • "AED is all about professionalism and a very high degree of professionalism at that.". Trevor

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