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ARTICLE · 18 MAY 2006

Medical Assessments and Disability Discrimination

The Hollingdale case revisits the issues associated with managing employees with a mental disability and, in particular, the manifestation of anti-social behaviours in the workplace.

AustraliaEmployment and HR

Key Point

  • The Hollingdale case revisits the issues associated with managing employees with a mental disability and, in particular, the manifestation of anti-social behaviours in the workplace.

In Hollingdale v North Coast Area Health Service [2006] FMCA 5 (20 January 2006), the Federal Magistrates Court considered a complaint from Ms Hollingdale alleging that she had been subject to less favourable treatment on account of her disabilities, namely, bipolar disorder and keratoconus, which is an eye problem.

Ms Hollingdale had been employed as a clinical psychologist by North Coast Area Health Service ("Area Health"). From about May to July 2001, Ms Hollingdale was observed to be hostile and aggressive towards a number of employees of Area Health. Area Health sought to have her medically assessed to determine whether the behaviours exhibited were a manifestation of a disability (that is, bipolar disorder) or simply inappropriate behaviour. Ms Hollingdale did not co-operate with

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