UNFAIR DISMISSAL: VALID REASON FOR DISMISSAL DESPITE LACK OF MEDICAL EVIDENCE THAT EMPLOYEE COULD NOT PERFORM INHERENT REQUIREMENTS
The Fair Work Commission awarded an employee with multiple sclerosis $4,240 compensation for unfair dismissal. Although there was no “clear finding by an appropriate medical practitioner that the employee cannot perform the inherent requirements of the job”, there was a valid reason for dismissal based on the employee’s performance and capacity. The dismissal was nonetheless unjust because the employee was not afforded procedural fairness.
UNFAIR DISMISSAL: COMMISSION EXCEEDED STATUTORY POWERS IN DISMISSING APPEAL
The New South Wales Court of Appeal held that the New South Wales Industrial Relations Commission exceeded its statutory powers in upholding the dismissal of a public sector employee. In so doing, the Commission denied the employee procedural fairness with the result that his appeal was allowed and the Commission’s decision was set aside.
WORKPLACE DISCRIMINATION: INDIRECT DISCRIMINATION CLAIM UPHELD DESPITE FAILURE TO DISCLOSE DISABILITY
The Victorian Civil and Administrative Tribunal found that a prison worker was indirectly discriminated against by his employer when he was required to work unreasonably long hours which exacerbated his type 2 diabetes. The claim was upheld despite the fact that the employee had not disclosed the condition when he commenced employment, and had not informed the employer about the effect that working long hours was having on his health.
WORKPLACE INJURY: EMPLOYER ACTED APPROPRIATELY IN RESPONSE TO OFFENDING FACEBOOK POSTS
The District Court of Queensland has dismissed a store manager’s claim that her employer was directly and vicariously liable for a psychiatric injury suffered as a result of alleged bullying by her supervisor. The employee was found to be “a most unreliable witness”, and the employer was found to have taken appropriate steps in response to inappropriate conduct of which it was aware.