2020-01-02
The complainant took time off work with the respondent government authority and was diagnosed with motor-neurone disease. He said he contacted the authority to discuss a return to work and asked if the office was wheelchair accessible, given he now used a wheelchair for mobility. He alleged the authority required him to prove his diagnosis even though he had already provided a medical certificate. The complainant thought the authority was trying to delay his return to work because the office was not wheelchair accessible.
The government authority said the complainant had been away from work for a long time and it therefore had a responsibility to ascertain that he was fit to return to work and perform the inherent requirements of the role. The authority claimed it took all reasonable steps to facilitate the complainant’s return to work.
The complaint was resolved. The parties agreed to end the employment relationship and the government authority agreed to pay the complainant $30,000 as general damages.
Year
Discrimination type
Disability Discrimination Act
Grounds
Disability
Areas
Access to premises
Employment
Compensation
Amount
$30,000