Anti-Discrimination Board of NSW

​Employment terminated - complainant claimed discrimination

Conciliations: Disability discrimination in employment

Published: 19 August 2019

A man whose employment was terminated at the end of his probation period lodged a complaint of disability discrimination. Three months into his probation period he was assigned a new manager who allegedly made derogatory comments about his appearance and physical mobility.

At the conciliation conference the employer maintained that the employee has not been discriminated against and had lost his job as a result of poor performance. However, in the interests of setting the complaint the employer reclassified the man's termination as a resignation and paid him two months' wages. This represented the length of time that the man was unemployed before he was successful in obtaining new employment.

What are my work rights? Disability discrimination

Applying for a job

In general, all job advertisements, jobs, apprenticeships and traineeships must be open to you, and you have the right to apply for them and be fairly considered for them on the basis of merit. This also applies to bodies which issue licences to perform particular jobs, for example taxi licences or registration to practice as a nurse.

If you are the best person for the job and you can do all the essential parts of the job, then you should get the job, irrespective of your disability. Employers can only refuse to give you a job if you can't do the essential parts or 'inherent requirements' of that job.​​​

More information on Disability discrimination​​​

Bac​k to August 2019 - Equal Time Newsletter​​

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