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It wasn't discriminatory to seek confirmation that an employee was fit to perform his duties, after he made "alarming" comments during a performance review meeting, a tribunal has ruled.

The employee's conduct "reasonably indicated" a possibility that his life or health was at risk, according to NSW Civil and Administrative Tribunal Senior Member Amanda Tibbey and General Member Maryanne Maher.

The Sydney Local Health District social worker claimed he was discriminated against when a senior colleague reported to management that he had mentioned suicide and didn't appear to be fit for clinical duties. Many of the employer's actions following this also constituted discrimination, he said.

The Tribunal heard that the employer was aware the employee had a recognised disability...