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2018-11-16

The complainant has palindromic rheumatism, a form of inflammatory arthritis, and uses a walking stick. He worked as a concierge and security guard with the respondent security company. He claimed the company informed him he would need to be redeployed as the owners of the building where he worked no longer required the company’s services. He alleged that his manager indicated his use of a walking stick was not accessible and he would be required to complete a fitness for duty assessment with no adjustments or modifications. He alleged his manager told him he could undertake the assessment or resign.

The security company denied discriminating against the complainant. The company said it was exploring redeployment opportunities for the complainant and required him to undertake an assessment to determine his capacity to perform the role.

The parties agreed to end the employment relationship. The company agreed to pay the complainant approximately $3,500, equivalent to three weeks’ gross wages and entitlements.

Year

Discrimination type
Disability Discrimination Act

Grounds
Disability

Areas
Employment

Outcome details

Compensation

Amount
$3,500 approximately