FWC examines balance between worker support and operational needs
The Fair Work Commission (FWC) recently dealt with an unfair dismissal application from an employee who had been absent from work for approximately five years due to multiple workplace injuries.
The worker, employed since 2005, challenged his termination in December 2024, arguing that his dismissal was unfair given the circumstances surrounding his injuries and the employer's handling of his case.
The worker's absence began in November 2019 following workplace injuries, including both physical and psychological harm. He argued that the employer had disregarded his mental health throughout the process and challenged the medical assessments that formed the basis of his termination.
The worker maintained that his dismissal was harsh and unjust, particularly considering the work-related nature of his injuries and the employer's alleged failure to properly support him during his recovery period.
The employer defended the termination, arguing that the worker's extended absence and medical evidence demonstrated an inability to perform the inherent requirements of his role.
The worker began his employment as a Lead Aviation Firefighter at Coffs Harbour aerodrome in September 2005. His role with Airservices Australia involved safety-critical responsibilities at the regional aviation facility, where he worked without major incident for over a decade.
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