Denied employment in mine

Bob* is an experienced underground miner. He sought employment in a local mine which was recruiting workers. Employment at this particular mine would provide Bob the benefit of working close to home without the need for camp life.

Bob made it through several stages of the recruitment process. However, the recruitment process did not continue after the mine was dissatisfied with Bob’s spirometer readings, which measure the amount of air Bob was able to breathe in and out and the time it takes him to exhale completely after a deep breath.  

Bob lodged a complaint with ADNSW alleging disability discrimination. ADNSW investigated the complaint by obtaining relevant information from both parties.

The mine owner said the recruitment process was unable to progress further. Mine employees are required to have a full unrestricted medical clearance. The mine said it had serious concerns about Bob being able to carry out the inherent requirements of the position. The mine claimed that the information they had was unclear about whether allowing Bob to work could aggravate any underlying lung weakness, and as a result they were unable to determine whether he could carry out the inherent requirements of the position.

Bob maintained that he had no underlying medical condition other than a very mild degree of airflow limitation. He saw a respiratory doctor who confirmed this and reported that Bob may have been born with the condition.

ADNSW held a conciliation conference. Bob said that as a result of the treatment and the mine maintaining its stance about requiring a full medical clearance, he had lost faith in the mine and no longer wanted to work there. Bob said he had obtained other employment, although it was not in his area of expertise and required longer travel.

The complaint was resolved when Bob and the mine agreed on a monetary payment to settle the complaint.

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