Terminated from work after cancer treatment

December 2021

Amaani* is a cancer patient. She took 11 months of leave from work while having treatment for her cancer including surgery to remove her larynx and tonsils and insertion of a stoma.

When Amaani tried to return to her role after recovering, her employer refused to let her come back and later terminated her employment.  

Amaani made a complaint of disability discrimination with ADNSW.

At conciliation, the employer denied any unlawful discrimination. They said Amaani was terminated following an assessment that she was no longer able to perform the inherent requirements of the role without posing an unacceptable risk to herself and others. The role included high level communication and working in hazardous environments which were not compatible with Amaani’s stoma.

Without admitting discrimination, the employer agreed to a monetary payment which was accepted by Amaani and resolved the complaint.

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