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An employer has failed to prove it sacked a probationary employee for not disclosing her ADHD and Asperger's Syndrome prior to employment, with the Federal Circuit Court finding no evidence she had been dishonest.

In January 2018, Sydney Trains dismissed the trainee train driver for providing incorrect information in her job application form and pre-employment medical assessments.

In claiming unlawful discrimination, the employee alleged the employer removed her from the trainee program, asked her to provide medical information, and then sacked her because of her disabilities, those being attention deficit hyperactivity disorder (ADHD) and Asperger's Syndrome...