Employers who are considering terminating the employment
of an injured worker for being unable to undertake the requirements
of the role must enquire as to whether the employee could
adequately perform the job if reasonable adjustments were made. To
do otherwise can amount to unlawful discrimination.
Dziurbas v Mondelez Australia Pty Ltd (Human Rights)
[2015] VCAT 1432 (9 September 2015)
The Facts
The Plaintiff was a 63 year old confectioner employed by
Mondelez Australia Pty Ltd working on a production line style
machine which packaged chocolate products.
In September 2011, the Plaintiff injured his elbow working on a
machine in the course of his employment. The injury was diagnosed
as "tennis elbow" and he made a workers' compensation
claim. He returned on light duties after five days and his duties
were managed under his compensation claim until January 2013. At
that time, it was accepted the Plaintiff had fully recovered from
the elbow injury.
