King & Wood Mallesons

Asia-Pacific 100 position: 3

$100,000 payout for employee sacked for failing competency test while suffering from PTSD and depression

By Stephanie McGuigan

The Federal Circuit Court of Australia has awarded a train driver $100,000 after he was sacked while suffering from post-traumatic stress disorder (PTSD) and depression after a crash.

The employee was involved in a train crash, which led to him suffering PTSD and depression. Following the crash, the employee was required to undertake a competency-based assessment. Just before undertaking the assessment, the employee became nervous and sick and was unable to undertake the assessment. The employee was sacked for failing the assessment…

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