Anti-Discrimination Board of NSW

​Problems after workplace accident

Conciliations - Disability discrimination in employment

A man who worked for a local council had a workplace accident, and after this he was allocated different tasks which he said were inappropriate for a number of reasons. 

He alleged that his supervisor did not follow correct procedures, threatening him with demotion and disciplinary action. He was also later asked if he was seeking medical retirement.

His partner made a claim of disability and age discrimination on his behalf. She later made additional complaints of victimisation of herself and her partner after she felt that her initial complaint was not dealt with properly.

The council responded that there had been no discrimination or victimisation. They had realised that the potential demotion was unfair and had withdrawn it. The other issues raised in the complaint were workplace matters which should be resolved internally.

At conciliation, the council agreed to pay the complainant $70,000, which included his leave entitlements and an ex gratia payment. The man agreed to resign and his partner agreed to sign a deed of release with regard to her victimisation complaint. This resolved the complaint.

What are my work rights?

You generally have the right to stay on in your job if you have a disability, or you acquire a disability after you begin the job. An employer can only dismiss you, medically retire you or make you redundant because of your disability (or the disability or your relative or associate) if you can't do the essential parts of your job.

​​More information on Disability discrimination​

Back to​ September 2018 - Equal Time Newsletter​​​​​

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