2018-10-09
The complainant worked in a maintenance role for the respondent utilities corporation. He developed a mild hearing impairment which required the use of hearing aids and was placed on light duties. The complainant claimed the company required him to undergo a number of driving tests and medical assessments following concerns raised by colleagues. He claimed that, based on the results, the company imputed a cognitive disability to him and questioned his ability to perform the role, despite his neurologist declaring him fit for duties.
The company claimed that driving tests and medical assessments indicated the complainant was unable to safely operate heavy vehicles due to his disability. The company said the ability to operate heavy vehicles was an inherent requirement of the complainant’s role. The company noted the complainant subsequently lost his licence to drive heavy vehicles.
The complaint was resolved. The parties agreed to end the employment relationship. The company agreed to pay the complainant $30,000 ex-gratia and $2,000 in lieu of notice and in outstanding benefits. The company also agreed to provide the complainant with a statement of service.
Year
Discrimination type
Disability Discrimination Act
Grounds
Disability
Areas
Employment
Compensation
Amount
$32,000