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2018-01-02

The complainant worked as a sales assistant in a liquor store owned by the respondent supermarket. He advised he took time off work to undergo treatment for cancer and injured his finger while on leave. The complainant claimed he became depressed after his manager disclosed his disability to staff and customers. He advised he was cleared to return to work on modified duties after several months of leave, but the supermarket terminated his employment.

The supermarket claimed the complainant’s employment was terminated because he was deemed unfit to perform the inherent requirements of his role.

The complaint was resolved with an agreement that the supermarket pay the complainant $17,500 as general damages and to provide him with a statement of service. The supermarket also wrote to the complainant expressing its regret for the events giving rise to the complaint.

Year

Discrimination type
Disability Discrimination Act

Grounds
Disability

Areas
Employment

Outcome details

Compensation

Statement of regret

Statement of service

Amount
$17,500