Inherent physical requirements of position – what are they?
Key Points: Although employers may wish to use various equivalents of a “functional capacity assessment” during the recruitment process, these can certainly have their limitations. In Carman v Torrens Transit Services (North) Pty Ltd [2009] SAEOT 6, the Equal Opportunity Tribunal of South Australia held that a bus company that rejected a job applicant because he failed a “functional capacity assessment” unlawfully discriminated against that employee. Mr Carman held various bus-driver positions for a number of companies from the 1960s onwards. Between 2000 and 2005 Mr Carman worked for bus company, Serco, until he was made redundant when Serco was unsuccessful in renewing its contract with the State Government. Torrens Transit, Southlink and Hills Transit were the successful tenders for the various routes previously serviced by Serco. Torrens Transit advertised for bus drivers in mid-February 2005. Six hundred applications were received for the 400 positions available. Mr Carman applied
