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"Outright rejection" of RTW plan was disability discrimination

An employer's "outright rejection" of a trial return-to-work plan after an employee's lengthy absence was unlawful discrimination, a tribunal has ruled in awarding him more than $230k.

In late 2018, the Blackburn English Language School teacher suffered a spinal stroke and experienced severe physical symptoms that required many months of recovery.

The employee expected to return to work at the beginning of 2020, however the principal considered the proposed RTW plan was "not supported" at the school and directed him to remain on unpaid leave.

After eventually returning in March 2022 under a new – albeit similar – RTW plan, the employee again ceased work after only two weeks, and remains on unpaid leave...

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