Excluded from worksite after complaint about job application

October 2014

Einar* was employed by a labour hire company as a driver for another company.

The other company encouraged Einar to apply for direct employment as a driver with them.

When Einar applied for the position, he was later advised by the hiring manager that he was unsuccessful because he did not pass the company’s hearing test.

Einar complained that he had been doing the role sufficiently for five years and did not have a hearing disability. The company responded by refusing to have him on their worksite.

Einar’s current employer was unable to provide him with anymore work at the other company’s worksite, so he made a complaint of victimisation with ADNSW against the other company.

At conciliation, the matter was resolved when the company’s senior management offered Einar direct employment with the company.

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