Thirteen-year employee disputes permanent incapacity findings after workplace accident
The Fair Work Commission (FWC) recently dismissed a jurisdictional objection from a marine company that claimed a vessel master's employment ended through frustration of contract rather than dismissal following a workplace injury.
The case arose when the long-serving employee suffered serious injuries in February 2024, remained unfit for work throughout a twelve-month rehabilitation period, and was subsequently terminated based on medical assessments indicating permanent incapacity for his role.
The worker argued his dismissal was unfair and challenged the employer's claim that his contract was frustrated by the inability to perform duties, maintaining that insufficient medical evidence supported permanent incapacity findings.
He contended that the company failed to explore alternative roles or obtain comprehensive medical opinions before concluding his employment relationship had ended by operation of law rather than employer initiative.
The employer contested jurisdiction by arguing the employment ended through frustration of contract when medical assessments confirmed the worker could no longer perform the inherent role requirements safely or effectively.
The employment relationship involved a vessel master with over thirteen years' service who suffered serious workplace injuries in February 2024 while performing his duties at...
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