An employer's decision not to make permanent a driver with Asperger's even though he passed a comprehensive physical and functional assessment was "unfair and irrational" but did not breach anti-discrimination laws, a tribunal has ruled.
A confectionery company discriminated against an employee when it failed to consider, or give him an opportunity to propose, adjustments that might have enabled him to continue working, a tribunal has found.
A full bench of the Federal Court has confirmed the common law definition of "employee" as it applies to defence personnel after an enlisted serviceperson unsuccessfully argued the Commonwealth had discriminated against him when it took adverse action and sacked him for being HIV positive.
A NSW government agency must pay a former employee more than $180,000 plus interest for economic loss, pain, suffering and general damages for its discriminatory treatment of her and its failure to make reasonable adjustments after her diagnosis with Crohn's Disease.
The Federal Court has found the balance of convenience favours reinstating a warehouse officer to his position at Peabody Energy's North Goonyella coal mine, pending the hearing of his union's claim that the company took adverse action when it dismissed him because of his Type 1 diabetes.
The Fair Work Commission has criticised a major Australian corporation for failing to give enough support to an employee who sought an internal transfer on medical grounds so that he could continue working, despite finding that his dismissal for abusing a manager was not unfair.