Employer blocks rehire after mental health leave

October 2025

Sanda* worked as a project engineer on a fixed-term contract. Her employer agreed to extend her contract, but after Sanda took time off work after being diagnosed with major depression, they did not do this.

Sanda lodged a disability discrimination complaint with Anti-Discrimination NSW (ADNSW). ADNSW investigated the complaint. 

Sanda said her employer discriminated against her because of her disability when they did not honour the agreement to extend her contract. She also said that, after applying unsuccessfully for other jobs with the same employer, she found out a note had been put on her file saying she was not suitable to be rehired.

The issue was resolved through a conciliation conference on MS Teams. The employer agreed that the note on Sanda’s file was not appropriate and promised to correct it. Sanda and the employer also agreed on a monetary payment to cover her lost wages and legal costs.

*Name has been changed to protect the privacy of the individual.

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