Is it enough to rely on a medical report in making decisions about inherent requirements?
Not necessarily. Simply relying on a medical assessment does not remove the employer’s own responsibility for making decisions in this area. See for example the decision of the Commission in Melvin v Northside Community Service. Ms Melvin was dismissed because of her impaired eyesight, after ten years employment with the respondent as a child care worker. The dismissal was based on an optometrist’s report that Ms Melvin was “legally blind”. The report however did not answer the questions the employer had asked, or address Ms Melvin’s ability to perform the inherent requirements of the job. The Commission found that Ms Melvin had been unlawfully discriminated against. It accepted specialist medical and other evidence that she could in fact perform the inherent requirements of the job. Ms Melvin was awarded over $56,000 in damages.
Not necessarily. Simply relying on a medical assessment does not remove the employer’s own responsibility for making decisions in this area. See for example the decision of the Commission in Melvin v Northside Community Service. Ms Melvin was dismissed because of her impaired eyesight, after ten years employment with the respondent as a child care worker. The dismissal was based on an optometrist’s report that Ms Melvin was “legally blind”. The report however did not answer the questions the employer had asked, or address Ms Melvin’s ability to perform the inherent requirements of the job. The Commission found that Ms Melvin had been unlawfully discriminated against. It accepted specialist medical and other evidence that she could in fact perform the inherent requirements of the job. Ms Melvin was awarded over $56,000 in damages.
