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ARTICLE · 19 NOVEMBER 2025

"I had cancer and they sacked me. That's disability discrimination". Which case won?

Discusses recent case where the employee brought proceedings against the employer, alleging discrimination on the basis of disability. Who won?

AustraliaEmployment and HR

The Facts

Employee diagnosed with cancer and takes sick leave

A man was employed by a company on a full-time basis as a channel manager.

He was diagnosed with stage IV stomach and liver cancer in August 2012. From that time until his dismissal in July 2013, the employee remained on leave. He had paid sick leave until that ran out and after that was on unpaid leave.

The employee kept his employer updated of his progress throughout his period of absence from the workplace.

Employee seeks to return to work and is terminated by employer

In June 2013 the employee was feeling better and commenced discussions with his manager about returning to work. On 20 June 2013 the employee sent his manager an email confirming that he was looking at a possible return to work within two to four weeks.

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