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An employer has been awarded its costs of defending a meritless disability discrimination claim, after a tribunal found the employee failed to engage with any offers to resolve his complaint.

NSW Civil and Administrative Tribunal Senior Member Mark Anderson and General Member Philip Foreman said the employee's claim was "frivolous, vexatious, and misconceived"; it had "no reasonable basis in fact or at law".

Not-for-profit organisation Heartbeat Centre Coffs Harbour hired the employee in July 2022 as a casual driver/storeman. He was required to work a four-hour shift, twice a week, collecting and delivering items to be donated or sold.

The Tribunal heard that when he started working, the employee provided a medical declaration that stated he had no pre-existing conditions that would affect his ability to perform his role.

According to the employee, he started feeling discomfort in his shoulder during his first shift. He didn't disclose this at the time, however...