2020-12-04
The complainant has Attention Deficit and Hyperactivity Disorder (ADHD) and social anxiety and worked as a storeman with the respondent company. He said he informed his manager of his disability and its potential impact on his interactions with others. He alleged his manager responded in a dismissive manner to his disclosure and later failed to respond to his concerns that colleagues were reacting negatively when he disclosed or tried to explain the nature of his disability. The company stood the complainant down following an incident at a company social event and terminated his employment at the conclusion of the probation period.
The company said the complainant behaved in a manner that placed himself and others at risk during a company social event. The company said the complainant's behaviour was contrary to company values and the employment relationship was therefore not sustainable.
The complaint was resolved. The company agreed to pay the complainant $5,000 as an Eligible Termination Payment, to characterise the end of the employment as a resignation and to provide him with a reference.
Year
Discrimination type
Disability Discrimination Act
Grounds
Disability
Areas
Employment
Compensation
Record changed
Reference
Amount
$5,000