TERMINATION OF EMPLOYMENT – inherent requirements – s.394 Fair Work Act 2009 – the applicant was a PUD driver who drove an 8 tonne truck – he was placed on modified duties as the result of a degenerative condition in his foot – employment was terminated on the basis that he could not safely perform the inherent requirements of his job – applicant examined by a TNT doctor as part of his workcover claim – after workcover claim declined, TNT advised it was unable to provide further modified duties and directed him to attend medical assessments to determine his fitness to work – the various reports concluded that he could not safely carry out the inherent requirements of the role without restriction – a show cause letter was sent to the applicant – the applicant provided certificates from his treating doctor stating that he was fit for work – TNT sought further information from the treating doctor who confirmed that the applicant was fit to resume work on a graduated basis – Commission considered what the applicant’s job was and the inherent requirements of that job – TNT were required to weigh up competing medical reports – it was not reasonable for them to allow the applicant to return to pre-injury duties as this would have put him at risk – there was no opportunity for redeployment – accordingly there was a valid reason for dismissal – procedural fairness afforded – dismissal not harsh, unjust or unreasonable – application dismissed. Pavlov v TNT Australia P/L
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