Event and Time
Event Description
- The applicant commenced employment with Condor as an Assistant Accountant on July 29, 2019, under a probationary period stipulated in a Letter of Offer dated July 24, 2019.
- The applicant filed an application claiming discrimination based on disability, asserting that he had a disability at the start of his employment and during its course.
Application and Claims
- The applicant claimed that:
- He had a disability that was known or ought to have been known by the employer. - The termination of employment was a result of this disability.
- The respondent (Condor) contended that:
- The applicant did not have a disability during employment. - There was no causal link between any potential disability and the decision to terminate employment.
Judicial Decisions
- The court dismissed the applicant's claims, stating:
- No evidence showed that the respondent knew or should have known about the applicant's disability. - There was no causal connection established between the alleged disability and the termination of employment.
- The application for costs was left open for both parties to manage.
Dispute Points and Legal Basis
Dispute Points
- Applicant's Arguments:
- Claimed to have a disability at the commencement and during the term of employment, thus invoking protections under industrial law. - Asserted that the employer discriminated against him by terminating his employment due to this disability.
- Respondent's Arguments:
- Denied any knowledge or reasonable suspicion of a disability. - Argued that the termination was unrelated to any alleged disability, as the applicant was still within a six-month probationary period, and performance issues were cited.