Anti-Discrimination Board of NSW

Suspected of having dementia

Conciliations: Disability and age discrimination in employment

Published: 25th March 2019

A bus driver was suspected of having dementia and removed from their duties after they made an error while driving.

The complainant was in their early 60s who worked as a driver . They were involved in an incident in which they did not properly apply the brake on the bus and it lurched forward, although there was no damage or injury to anyone.

The complainant claimed that their manager subsequently became obsessed with the belief that they had early onset dementia. They said that rumours were spread about their alleged forgetfulness and the supposedly odd manner in which they expressed himself. 

They were removed from bus driving and given alternative duties. They were told to undertake a medical assessment to investigate whether there had been any cognitive decline, and later agreed to undergo further testing by a specialist.  The testing concluded that there was no firm evidence of recent cognitive decline. 

The complaint was resolved following several conciliation conferences when the employer agreed to reinstate them as a bus driver and pay them for unpaid allowances.

​​​​Back to Equal Time newsletter March 20189​​​​

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