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The Federal Circuit Court has reconsidered and set aside its finding that an employer discriminated against an employee with ADHD and Asperger's Syndrome when it dismissed her.

Judge Nicholas Manousaridis said new evidence confirmed the argument the employer had maintained all along: that it sacked the employee for her dishonesty, and not because of any disability.

This was contrary to the Judge's June 2023 finding that there was no rational explanation for Sydney Trains' dismissal decision, other than that it had become aware the trainee train driver had ADHD and Asperger's Syndrome. (Read HR Daily Premium's report on that ruling here.)

In September last year, a full Federal Court partially upheld Sydney Trains' appeal against that decision. It found Judge Manousaridis focused on the purported decision to terminate, instead of looking at "the entirety of the acts and conduct that gave rise to [the employee's] dismissal, and the reasons for them"...