A Workplace Relations Commission adjudication officer found that Graham Leggett was not discriminated against by Joseph Brennan Bakeries after it introduced mandatory mask wearing at work. The decision was dated 28 July 2022.
Leggett, who had worked for the bakery for more than 20 years, said asthma prevented him from wearing a mask and that he was refused work from 10 January 2021. The bakery said it had no medical evidence that he could not wear a face covering.
The officer found Leggett had not identified a colleague treated less favourably and had not established facts that raised a presumption of discrimination. The officer also found he had not sought a reasonable adjustment to help him work; instead, he sought to stay at home on full pay while the mask rule applied. The complaint was not well founded.