2019-02-04
The complainant has a number of medical conditions, including osteoarthritis, kidney stones, diabetes and depression. She alleged that during her employment with the respondent plant nursery, negative statements were made about her disability, including that her disability impacted negatively on her performance. The complainant claimed the nursery required her to undergo a fitness for duty process and ultimately terminated her employment.
The nursery claimed the complainant’s employment was terminated due to poor performance and not because of her disability.
The complaint was resolved with an agreement that the nursery pay the complainant $10,000, provide her with a statement of service and characterise the end of the employment as a resignation. The nursery also agreed to write to the complainant expressing regret for the events giving rise to the complaint.
Year
Discrimination type
Disability Discrimination Act
Grounds
Disability
Areas
Employment
Compensation
Statement of Service
Statement of regret
Record changed
Amount
$10,000