Reasonable and necessary to protect health and safety - WHS exemption applied to discrimination on the basis of presumed mental illness

In McKay v Steggles Pty Ltd [2023] QIRC 328, the Queensland Industrial Relations Commission found the poultry business, Steggles, had acted reasonably to protect health and safety by requiring an employee, presumed to be suffering from post-traumatic stress disorder (PTSD), to produce a medical certificate following a workplace altercation. Facts The complainant worked at Steggles in meat processing and in close proximity with co-workers. She had a history of verbal altercations, often following incidental physical contact, and had initially disclosed to her employer a diagnosis of schizophrenia and then, subsequently, of PTSD. Following an incident in which the complainant and a co-worker raised their fists to each other and threatened to fight, the complainant was suspended. Having referred to her PTSD diagnosis in the course of the incident investigation, and having regard to her disciplinary history, the complainant was stood down and asked to produce a medical certificate clearing her…