Job offer withdrawn after medical exam

March 2023

Karla* went for a job interview and afterwards was told she was the preferred candidate. As part of the recruitment process, Karla was required to do a pre-employment medical.  

Karla’s offer was withdrawn after the medical found that she was only fit for light duties only. Karla advised that she had slipped and fallen two days before the medical and provided the employer with a certificate from her doctor confirming that it was a minor and temporary injury, and she was fit to perform all the duties of the role.

The relevant union supported Karla to lodge a complaint of disability discrimination with ADNSW.

The employer denied discrimination, relying on the result of the medical examination. The union argued that even if the employer accepted the outcome of the pre-employment medical, they should have considered making reasonable adjustments to allow her to perform the role.

The complaint was resolved at a conciliation conference when Karla agreed to accept a financial settlement of $10,000. 

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