A discrimination case involving the Queensland Office of IR underlines the challenges employers face when managing employees diagnosed with severe psychiatric disorders, amid questions over whether they can safely return to work.
The Federal Court has declined to temporarily restrain Atlassian from managing a neurodivergent worker's performance or sacking him, after finding no "real threat" of imminent termination of his employment.
The FWC has ruled that while a BHP subsidiary "imposed unreasonable deadlines" for a worker with bipolar to respond to and provide medical reports, it was entitled to dismiss him for incapacity after he refused to attend a "tie-breaker" medical exam to resolve conflicting assessments of his fitness for work.
The FWC has allowed a six-day-late disability discrimination case to proceed after accepting that the paid agent engaged to file the application entered the wrong name and employer.
A court has declined to hear discrimination cases brought by three health workers sacked mid-pandemic for refusing COVID-19 jabs, finding no merit in their arguments that being unvaccinated should be treated as a disability.
A court has rejected a probationary employee's claim that a public sector employer sacked her because she has a disability, took sick and carer's leave and lodged an anti-bullying claim, accepting that the employer simply decided she did not have the skills and aptitude to perform her job.
The FWC has thrown out a worker's flexible work bid after she attempted to "call in" older medical documents and conceded she had not been diagnosed with the disability identified in her request.
A tribunal is poised to order a council to pay more than $900,000 to a worker it discriminated against by sacking him over his inability to drive an allocated vehicle, in a decision panning a "chilling" suggestion that show cause letters formed part of consultations to identify reasonable adjustments.
The FWC has backed Amazon's sacking of an injured worker who refused to have an independent medical examination, while another employer's income protection policy has weighed in favour of finding it not unfair to dismiss an incapacitated diesel fitter.
