2018-04-01
The complainant was employed as a construction supervisor with the respondent construction company and has depression arising from a work-related injury. He alleged the company did not accommodate his disability and ultimately made his position redundant. He also alleged a manager referred to his time off work due to his disability as “a holiday” at a supervisors’ meeting.
The company claimed the complainant was allocated less work in order to accommodate his disability. The company said the complainant and ten others in his team were made redundant due to legitimate operational reasons. The complainant’s former manager denied referring to his use of sick leave as “a holiday” and disputed that such a comment, if made, would constitute disability discrimination.
The complaint was resolved with an agreement that the company pay the complainant $10,000 as general damages.
Year
Discrimination type
Disability Discrimination Act
Grounds
Disability
Areas
Employment
Compensation
Amount
$10,000