Disability discrimination page 2 of 4

38 articles are classified in All Articles > Discrimination and equity > Disability discrimination


"Casual" employee entitled to annual leave: Court

In a decision sure to be closely analysed by employers, a court has ruled that a worker is entitled to accrued annual leave despite being paid a casual loading for 15 years.

Court throws out obese worker's adverse action claim

The Federal Circuit Court has rejected the adverse action claim of an obese security officer who accused his employer of unfairly targeting him, transferring him to a position he physically could not perform in another city and then sacking him because he challenged a proposed enterprise agreement.

Ruling a warning that employers should check pre-start disclosures

A tribunal has found Victoria's justice department indirectly discriminated against a prison worker who failed to declare his diabetes on engagement when its requirement to work unreasonable hours to meet a greater workload made his condition unstable.

62-year-old "poor cultural fit" worker wins discrimination case

A company that allegedly told a 62-year old salesperson that he was too old, too deaf and was "hobbling around" with a "broken back" he would use to make a workers compensation claim has been ordered to pay $15,000 for "pain, suffering and humiliation" as part of a larger damages payout for age and disability discrimination.

Prime Minister's department accused of demoting cancer survivor

The Department of the Prime Minister and Cabinet has agreed to enter into mediation with an employee who accuses it of taking adverse action by suspending and demoting her and directing her to take indefinite leave following a long absence for cancer treatment and surgery.

"Array" of HR staff let down sacked nurse: FWC

The FWC has reinstated a nurse dismissed while recovering from a serious car accident and a work-related needle-stick injury, expressing "dismay" at the hospital's failure to inquire about her ability to return to her previous role.


Harden up: Bench splits over phased return to work

An FWC full bench majority has thrown out a a company's challenge to a decision requiring it to reinstate an injured worker to his previous role and ensure he receives "work hardening".

Court rejects ex-teacher's discrimination claims over confidential deed

A Sydney independent ladies' college did not unlawfully discriminate against a teacher when she "retired" from her job following an "incident", despite claims she suffered a psychological disability that rendered her incapable of agreeing to a confidential settlement with the school.

Denying job to arthritis sufferer was adverse action: Court

A court has found the Federal Police took adverse action by refusing to employ a candidate because of his arthritis, but its refusal to reverse the decision after a review was lawful because it was based on the inherent requirements of the position.