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Hello my name is ***** ***** I am going to help you with your inquiry today. What does the GP and the psychiatrist diagnose him with. Is it general anxiety disorder or some other disability? If it is a known disability that he has, then he may be dealing with a situation of disability discrimination. He should be wary of any other employees who don't have a disability and how they are treated in the workplace, and record anything that differentiates them, treatment-wise. The employer is required to make reasonable adjustments to the workplace to enable him to keep working there. If they are not willing to do that, your son may have a valid complaint under the Disability Discrimination Act 1992 (Cth) and/or the Anti-Discrimination Act 1997 (NSW). Such a claim would be made to either the Australian Human Rights Commission or the Anti-Discrimination Board of NSW. You should seek a lawyer's opinion on which way to go, given his circumstances. In terms of Fair Work Australia, you would have to have his employment cease to do that, so he would have to resign and rely upon unfair dismissal provisions of the Fair Work Act. But it sounds like Aldi are willing to move him to another one of their stores, so perhaps that is the reasonable adjustment they are considering. It would be useful for the psychiatrist to be able to speak to the OHS person if the OHS person is open to working with him/her to make the correct adjustments to enable your son to work. I hope that has answered your questions today. Let me know if you need further information.
Has he made a WorkCover claim? If he has, he should follow the doctors' directions regarding whether he should be working. If not, my answer remains the same. Whether it is realistic to speak with the OHS person at Aldi is not something I can comment on. You simply ask for it and if they refuse, they refuse. Each manager will have a different mode of operation, sorry I can't advise on that. I hope that helps.
I'm sorry about the Workcover stuff I am a bit out of my depth. I will have to opt out so that someone with good experience can give you the best guidance. I hope I have served you well and answered something for you to date, so that it hasn't been a waste of time. Workers compensation is not something I do very regularly. I wish you all the best.
My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.
I have responded to your duplicate question.
Is there anything else I can assist with?