Fitness assessment reveals limitations creating burden on worker’s colleagues
The Fair Work Commission (FWC) recently examined an unfair dismissal claim involving a worker who was terminated after an occupational assessment found he could not perform all aspects of his role.
The case arose when the worker's employer became concerned about his physical capacity to complete required tasks and arranged for a fitness assessment that identified significant limitations.
The worker argued his dismissal was unfair, maintaining he was able to drive a forklift and that the tasks he couldn't perform were not part of his role as a forklift driver.
He contended that scanning stock and adjusting trailer floors were duties for storemen and truck drivers respectively, and that his employer had improperly expanded his job requirements beyond the core forklift operation.
The employer contested the worker's claim, arguing the dismissal was justified because he could not perform the inherent requirements of his position.
The company maintained that all forklift drivers were expected to perform scanning and floor adjustment duties, and that exempting the worker from these tasks would create an unreasonable burden on other staff members.
The employment relationship involved a 67-year-old worker employed as a forklift driver at a distribution warehouse for approximately seven years.
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