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Tarr v Torrens Transit Service (North) Pty Ltd [2008] SAEOT 12

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Mr Tarr worked as a bus driver. When Torrens Transit took over the contract to provide bus services, Mr Tarr applied for a position. He said he was asked for his WorkCover history and was sent for a pre-employment medical. Torrens Transit refused to employ Mr Tarr as it said he had failed the back fitness test in the pre-employment medical. Torrens Transit said that this test showed that Mr Tarr was not able to be a bus driver without being at risk of hurting himself or other people.

The Tribunal considered the exemption in the Act that says that a person can be discriminated against if he or she cannot do the job without endangering themselves or others. The Tribunal said that it was not reasonable to exclude Mr Tarr from the job on the test of back fitness alone.

The Tribunal said this test did not show that Mr Tarr could not do the job of a bus driver or that in doing the job he would be a danger to himself or others.

Mr Tarr was awarded compensation of $3,834, with $2,000 for injury to feeling and $1,834 for loss of wages.

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