A casual mechanic who was dismissed during the COVID-19 pandemic lost his appeal to get his job back after failing to follow the mandatory steps required under workers' compensation law for injured workers seeking reinstatement.
The worker claimed he was dismissed because of a foot injury sustained when he was hit by a car, but the employer provided uncontradicted evidence that the dismissal was due to bushfires and COVID-19 devastating the tourism business.
The Court found that the worker never applied to his employer for reinstatement or provided a medical certificate proving his fitness for work, as required by law, meaning he couldn't ask the Commission for a reinstatement order.
The worker's own submissions admitted the employer's business "was not good" at the time and didn't dispute the economic explanation for his dismissal.
The worker commenced employment as a casual mechanic with the employer in January 2019.
The employer operates a motor vehicle hire company. In late August 2019, the worker sustained injuries to his foot after being hit by a car while walking. The worker contends he was walking home from his workplace; however, that contention is disputed by the employer.
In early September 2019, the worker returned to work. In early March 2020, the worker was terminated. In April 2021, the worker lodged an application for workers' compensation, but the application was lodged out of time.
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