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Dismissal after ADHD disclosure wasn't discrimination

A worker has failed to convince a tribunal that he wasn't sacked for his code of conduct breaches, but rather because he'd disclosed his mental health conditions to his manager.

The contingent worker's claim was doomed due to the lack of an employment relationship, NSW Civil and Administrative Tribunal Senior Member Mark Anderson said, but in any case the "obstacle" he faced was his failure to prove his disability was the "real, genuine or true reason for his dismissal".

The call centre operator had been working for the NSW Department of Climate Change, Energy and the Environment and Water, as a contract employee of labour hire company Ampersand International, when his engagement was terminated on 5 September last year.

He lodged a complaint with Anti-Discrimination NSW, noting the Department ended his placement shortly after he disclosed his ADHD and anxiety; he alleged this was discrimination on the grounds of his disability...

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