New discrimination benchmark, highest damages awarded by tribunal

Earlier this month (13 April), the NSW Civil and Administrative Tribunal found that the actions “contravened community standards” and deprived “autonomy, respect and dignity”.

The process was described as “prolonged” and “invasive”, and the treatment driven by assumptions rather than evidence.

Found to have discriminated against their employee due to her disability, NSW Health was ordered to pay $55,000 in general damages and provide training for senior executives.

WWC NSW assistant principal solicitor Sharmilla Bargon said: “The decision reflects the profound harm caused when people are treated as inherently vulnerable and incapable because of disability. It reinforces that employers must avoid overly presumptive, paternalistic practices and have respect for individual agency at the core of their decisions.”

“It also established a new benchmark for damages awards in disability discrimination matters before the tribunal and better reflects community standards.”

Donald-Stanton said: “The conduct I experienced had a significant emotional, psychological and financial impact on me. My autonomy, privacy and lived experience were disregarded, and I felt disempowered and devalued.

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“This fight has never just been about me.

“I want to improve how people with disability are treated in the workplace, especially where policies exist but are not properly followed. I hope that this outcome gives others the courage to speak up about disability discrimination and leads to meaningful change in NSW Health.”

Bargon said: “This outcome highlights the vital role Working Women’s Centres play in giving working women a voice and a pathway to justice.”

The case: Donald-Stanton v Secretary, Ministry of Health [2026] NSWCATAD 104