inherent requirements posts

FWC finds employer’s assumptions about employee’s capacity rendered dismissal unfair

You need to chill out

If an employer is questioning the capacity of an ill or injured worker’s ability to fulfil the inherent requirements of their position, they may consider testing the legitimacy of an employee’s prognoses and medical advice. In these circumstances, the employer should be aware of their obligations to the employee and the potential consequences of failing to satisfy them.

Employer’s “extraordinary lengths” to accommodate injured worker renders dismissal fair

To move heaven and earth

If an employee is unable to meet the inherent requirements of their role due to illness or injury, it may be lawful for an employer to terminate their employment on the grounds of incapacity.

Dismissals for temporary illnesses under the FW Act

Red Light, Green Light

Within the general protections of the Fair Work Act 2009 (Cth) (FW Act), there is a protection afforded to employees who are temporarily absent from work because of an illness or injury.

Posts: inherent requirements

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