Employment terminated after workplace injury

August 2024

Sarah* was employed by a labour hire company and suffered a workplace injury while working for a host employer. She asked her employer to hold her position open while she recuperated from treatment for her injury, but her employment was terminated. Sarah felt like she was being discriminated against because of her race, sex and disability.

Sarah gave permission to Ahmad*, her husband, to lodge a complaint on her behalf with ADNSW.

When ADNSW first wrote to the employer, the employer verbally advised that there had been a misunderstanding and it was working to resolve the matter directly with Ahmad and Sarah. In its written response, the employer said that Sarah’s employment had not been terminated. The employer wrote that her work assignment with the host employer had come to an end, as it was only intended to be for the duration of a leave vacancy with the host employer. The employer said that Sarah had on-going employment with them when cleared for pre-injury duties.

Shortly after receiving the employer’s response, Ahmad and Sarah wrote to ADNSW advising that they had come to a private settlement of the complaint with the employer.

* Names have been changed to protect the privacy of the individuals