1 min read

Employment termination not discriminatory despite disability

The Case

Sarah Davis v Aldi Stores (A Limited Partnership) (2022)

Aldi employed Ms Davis as a store manager. In November 2019, Ms Davis’ husband died while she was pregnant with their third child. Ms Davis was thereafter diagnosed with post-traumatic stress disorder (PTSD). In April 2021, a customer collapsed in store, triggering Ms Davis’ PTSD. Ms Davis thereafter left work, later providing a medical certificate to support her absence. A psychological assessment of capacity was undertaken. A meeting was then held with Ms Davis in relation to her ability to perform her role and continue in employment.

In January 2022, Ms Davis provided three proposals to Aldi to enable her to continue employment. Aldi considered these proposals but determined they were not workable.

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