The Federal Circuit Court of Australia (‘FCCA’) recently dismissed a security guard’s (‘Mr Findlay’) adverse action claim in which he alleged that MSS Security Pty Ltd (‘the Company’) discriminated against him on the basis of his disability [1]. Background On 1 February 2016, Mr Findlay commenced employment with the Company in the position of a […]

In a recent decision of the Federal Court of Australia (‘FCA’) [1] the Full Bench of the FCA held that BHP Coal (‘the Defendant’) was entitled to dismiss a boilermaker (‘the Employee’) who refused to attend a company ordered medical appointment, which was intended to assess his fitness to return to work. In 2011 the […]