Employment Law – Background
In Hilditch v AHG Services (NSW) Trading As Lansvale Holden [2017], the Federal Court rejected a fitter’s claim that his previous employer had breached disability discrimination legislation when they fired him without considering reasonable adjustments to accommodate his workplace injury.
Employment Law – Facts
In essence:
- In 2009 a fitter at AHG Services injured a finger on his left hand
- After surgery, he gradually returned to his pre-injury duties
- In 2012 he was dismissed after providing medical certificates which confirmed he couldn’t perform his duties adequately and was only fit for office work
- The worker sought damages for lost income and non-economic loss. He argued that AGHS had breached the Disability Discrimination Act 1992 (Cth) by dismissing him without contemplating reasonable adjustments or reassigning him to another role
Employment Law – Decision
The Federal Court found:
- Prior to January 2011, there was no reason for AHGS to consider making reasonable adjustments to accommodate the employee’s injury because he was performing his role and failed to provide any medical certificates to suggest he could not perform his role
- In rejecting the worker’s arguments, the court cited the decision in Watts v Australian Postal Corporation, finding that AGHS only had to consider reasonable adjustments for the position which the worker had occupied before the injury
- This was not possible in this case, as the medical certificates he provided suggested he was unfit to perform “fitter” duties and no adjustments could assist him
Employment Law – Tips for Employers
Our Matthews Folbigg Workplace Solutions employment law team recommends employers: [...]
