An employee working as a lift technician has been dismissed after his employer discovered he had a hereditary hand tremor.

The Human Rights Tribunal upheld the employee’s claims that his employer had discriminated against him.

The Tribunal found that the hand tremor did not affect the employee’s work performance but was suspected or assumed to exist and to be a safety issue by the employer.

The Tribunal noted that the employee had worked for 5 years as a technician and had never been affected by the hand tremor at work. The tremor was slight and no medical examination had been ordered by the employer to deduce whether the condition affected his work or safety.

The employee was awarded $3,700 for lost wages and $25,000 compensation for loss of dignity and injury to feelings plus $700 for travel expenses.

The Tribunal also ordered the employer to train its senior management staff on their obligations under the Human Rights Act.