Topics: Middle market enterprises (MME)

Mental illness in the workplace: a cautionary tale for employers

In the recent decision of Penglase v Allied Express Transport Pty Ltd [2015] FCCA 804, the Federal Circuit Court ordered an employer pay a penalty for engaging in adverse action in breach of section 351 of the Fair Work Act 2009 by offering an employee a reduced role at work because the employee was suffering from a mental disability and not because the employer was concerned about the employee’s health and welfare.

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