Tribunal finds employer justified in terminating worker who hid medical history
03 Apr 2025
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The South Australian Employment Tribunal recently dealt with a case involving the termination of an apprentice's employment and a subsequent claim for compensation for an alleged psychiatric injury.
The worker argued his dismissal was unreasonable because he was young, inexperienced, and had fully recovered from his neck injury which did not affect his work performance. He claimed his non-disclosure was based on privacy concerns and fear of discrimination, not dishonesty. Following termination, he alleged he developed a psychiatric condition that left him incapacitated for work.
The employer countered that the worker breached their trust by deliberately concealing a recent significant medical procedure during pre-employment screening. They also argued the worker's mental health issues were likely caused by undisclosed substance use rather than the dismissal itself.
The worker was a 21-year-old who had completed school in 2022 and studied electrical work with interest in pursuing it as a career. Just before his 18th birthday, he injured his neck while wrestling with a friend. After seeing a doctor and having scans, it was revealed he had cracked a vertebra in his neck.
The worker underwent surgery on January 20, 2023, to fix screws to stabilise the fracture. The orthopaedic surgeon described the injury as a "C2 odontoid peg...
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