ON 22 MAY 2014, the Federal Circuit Court of Australia delivered Grant v State of Victoria (The Office of Public Prosecutions) (No.2)  FCCA 991 (22 May 2014).
A solicitor who had been dismissed for poor performance successfully sued his employer, the Office of Public Prosecutions, for an adverse action under the Fair Work Act 2009 (Cth).
The poor performance was found to be a result of mental illness and that the employer should have understood the implications.
The court ordered that he be reinstated, be paid $93,750 (less tax) and a pecuniary penalty of $10,000.
Employers should reasonably accommodate an employee’s mental illness to allow them to continue in their employment. Poor performance needs to be carefully managed so as to avoid conduct constituting discrimination, harassment and bullying.
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