In a recent decision from the Fair Work Commission (FWC), an application for an unfair dismissal remedy was dismissed because the applicant did not suffer financial loss due to receiving workers compensation payments.
The FWC said that there was no valid reason for dismissal and that it was "procedurally unfair," but the applicant rejected reinstatement.
The applicant applied under s.394 of the Fair Work Act 2009 for an unfair dismissal remedy against her employer, Teewah Power Co Pty Ltd (Teewah Power). The latter operates a health centre in Noosa.
The applicant was a part-time medical receptionist from October 2011 and was dismissed in February 2021 caused by her "incapacity to perform her role" due to absences brought by a workplace injury.
According to records, she suffered a compensable psychological injury that arose from "reasonable management action taken in an unreasonable way." The applicant alleged that it was due to the "bullying" that she experienced from the director of Teewah Power. She also said that she suffered "significant emotional stress," and the injury "persists to the present day."
In her application before the FWC, it ruled that there was no valid reason for her dismissal. The FWC said that there was no evidence that her incapacity made "an impact on the employer at the point she was dismissed." It added that there was also no evidence of financial issues if the employer continued to pay her superannuation or other costs during her absence, either...
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