‘Hurt, humiliation and injury’: Highest damages secured following disability discrimination
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The Working Women’s Centre NSW (WWC NSW) has secured a major victory against NSW Health on behalf of Soneva Donald-Stanton, who was subjected to an independent medical examination and fitness for duty test in the absence of any workplace adjustments due to her disability.
Following the tests, Donald-Stanton was deemed unfit for duty and placed on forced leave.
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 was 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.
Assistant principal solicitor at the WWC NSW, 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 added: “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.
“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 concluded: “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
RELATED TERMS
In the context of health experience, the International Classification of Functioning, Disability and Health (ICF) defines disability as an umbrella term for impairments, activity limitations and participation restrictions. It denotes the negative aspects of the interaction between an individual (with a health condition) and that individual's contextual factors (environment and personal factors).
According to the Australian Human Rights Commission, discrimination occurs when one individual or group of people is regarded less favourably than another because of their origins or certain personality traits. When a regulation or policy is unfairly applied to everyone yet disadvantages some persons due to a shared personal trait, that is also discrimination.
An employee is a person who has signed a contract with a company to provide services in exchange for pay or benefits. Employees vary from other employees like contractors in that their employer has the legal authority to set their working conditions, hours, and working practises.
Amelia McNamara
Amelia is a Professional Services Journalist with Momentum Media, covering Lawyers Weekly, HR Leader, Accountants Daily and Accounting Times. She has a background in technical copy and arts and culture journalism, and enjoys screenwriting in her spare time.
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