February 2026
Chris* worked as an outdoor labourer, around trucks and heavy machinery. He lodged a disability discrimination complaint to Anti‑Discrimination NSW (ADNSW) after his employer would not allow him to return to his usual role.
During ADNSW’s investigation, the employer explained that concerns had been raised by co‑workers about Chris working unsafely, including not following safety procedures and walking behind moving vehicles. Chris had been warned about these safety issues.
The employer said that after further incidents, Chris was sent for two medical assessments. The specialist reports revealed that in the opinion of the medical assessors, due to cognitive issues, Chris should not be driving vehicles, operating heavy machinery, or working without supervision. Chris’s own doctor disagreed and said he was fit for work.
The employer told ADNSW that, based on the specialist reports, Chris could not safely perform the inherent requirements of of his role and returning him to that position would put him and others at risk. Chris had remained on paid leave for almost a year while he applied for other roles with the same employer, but he was unsuccessful. The employer said it could not make adjustments to his role without turning it into a completely different job and could not create a new role for Chris.
The complaint was resolved at a conciliation conference held via Microsoft Teams. The parties agreed to a mutual separation, with Chris receiving a payment equal to about one year’s wages, in addition to his accrued entitlements.
*Name has been changed to protect the privacy of the individual.
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