2018-05-14
The complainant has non-insulin-dependent diabetes and had a triple bypass operation several years earlier with a symptom-free recovery. The complainant had been employed as a contract worker with the respondent mining company for 18 months. He said that six months after he commenced work he was offered a permanent role with the mining company, but his start-date was delayed to enable him to undergo surgery to receive a cochlear implant. Despite the complainant being deemed fit to return to work, the mining company again delayed his start-date and ultimately advised him it would not employ him due to the risk presented by his medical conditions. The complainant noted his specialists had declared him fit for work and that he had been working in similar roles for several years without incident.
On being advised of the complaint, the mining company indicated a willingness to try to resolve the matter by conciliation.
The complaint was resolved with an agreement that the mining company pay the complainant $60,000 as general damages.
Year
Discrimination type
Disability Discrimination Act
Grounds
Disability
Areas
Employment
Apology
Compensation
Amount
$60,000