In Duncan v Kembla Watertech Pty Ltd  NSWADT 176, a person was offered a position on the express condition that she satisfactorily complete a pre-employment medical examination. Upon doing so she was found to be suffering from a number of medical conditions which would render it difficult for her to cope with the requirements of the role which had been offered. The employer, on advice from its medical practitioner, advised the prospective employee that it would not honour the offer of the position because she was in its view unable to satisfactorily perform essential components of the job.
The employee lodged a complaint to the New South Wales Anti-Discrimination Board that she had been unlawfully discriminated against on the basis of disability. However the Board dismissed the complaint on the basis that there had been no unlawful discrimination because the employee’s medical disabilities rendered her unfit to perform the inherent requirements of the role.