Francey v. Hilton Hotels of Australia Pty Ltd

The complainants, Mr Francey and Ms Meeuwissen, alleged that they had been discriminated against on the grounds of disability by the defendant because a nightclub within its hotel was not smoke-free. Ms Meeuwissen had cystic fibrosis - her doctor recommended that she avoid environmental tobacco smoke. On 18 March 1995 she was accompanied by Mr Francey to a nightclub within the hotel but they were forced to leave due to environmental tobacco smoke causing Ms Meeuwissen to become asthmatic.

The Commission upheld the claim, finding that the defendant had unlawfully discriminated against the complainants on the grounds of disability (and status as an associate of a person with a disability), because failing to provide a smoke-free environment effectively denied the complainants access to the premises and to goods and services. The Commission ordered that the defendant pay the complainants damages, and requested further written submissions on the other orders that it should make. For the further decision, see: Meeuwissen v. Hilton Hotels of Australia Pty Ltd.