Resolved complaint (276) about disability discrimination in employment

About the complaint

The complainant is a young person and has a neurological disorder that can result in neuropathy in the feet and legs. She worked at the respondent fast food retailer and alleged her employer threatened her with a written warning for working too slowly, refused her requests for reasonable adjustments, did not explore the recommendations of an independent medical assessment that considered her capable of safely working with some adjustments, and ultimately terminated her employment.

The fast food retailer said that the complainant displayed poor performance and failed to complete basic tasks in a timely manner. The retailer claimed the complainant only disclosed her disability when she was told she would be issued with a written warning regarding her performance. The retailer claimed provision of the requested adjustments would have imposed an unjustifiable hardship on it and that it terminated the complainant’s employment because she was unable to perform the inherent requirements of her role.

The complaint was resolved by conciliation with an agreement that the fast food retailer pay the complainant $15,000, provide her with a statement of service and deliver anti-discrimination training to named individuals.

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