The Labour Court upheld the decision rejecting Adam Herzyk’s disability discrimination appeal against Excellence Limited, finding that the employer had met its reasonable accommodation obligations. The Court dated its determination 23 February 2018.
Herzyk, a warehouse operative, said Excellence Limited had failed to accommodate his disability and dismissed him discriminatorily. The company said it had tried to establish his work capacity but could not obtain access to his medical information. The Court found Herzyk remained unfit for the core duties of his job and that the company was not required to provide a different role or remove those duties. It found the company had made genuine efforts to facilitate his return to work, concluded that the appeal failed in all respects and upheld the earlier decision.