Case never reached merits, but decision revealed exactly what protected the aged care provider
A chef fired after eight months off work lost his chance to challenge the dismissal, but the case exposed what actually protects employers in medical terminations.
Kobina Amponsem had been out on workers' compensation since February 2025. By the time Calvary Aged Care Limited ended his employment on October 30, 2025, he could only work two days a week. His full-time chef position required five.
The numbers told the story Calvary needed. Eight months absent. Forty percent capacity. No prospect of returning to full duties.
Amponsem filed a general protections claim on December 10, 2025, arguing the aged care provider discriminated against him because of his mental disability and temporary absence due to illness. He also said he had complained about an unsafe return to work plan.
But he filed 20 days too late. The Fair Work Act gives dismissed employees just 21 days to lodge general protections claims. Missing that window requires proving exceptional circumstances.
At a hearing on January 21, 2026, the story got messier. Amponsem had been represented by the Health Services Union throughout. His union rep, Tim Judge, had actually filed an unfair dismissal application on the final day of the deadline, November 20, 2025. Judge had told Amponsem his prospects in a general protections claim looked weak.
Amponsem claimed he never read the email confirming the unfair dismissal filing and...
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