TERMINATION OF EMPLOYMENT – incapacity – inherent requirements – s.394 Fair Work Act 2009 – applicant absent from workplace due to illness from September 2016 until termination in December 2016 – respondent dismissed applicant because absence from workplace no longer temporary and therefore applicant unable to perform inherent requirements of position – applicant submitted he could return to work if reasonable adjustments made by respondent – applicant’s medical practitioner proposed conference between parties be carried out to try and define issues and work out long term sustainable solution for applicant’s return to work – respondent rejected medical practitioners proposal – satisfied not reasonable for respondent to conclude that reasonable adjustments were not available without first responding to proposal made by applicant’s medical practitioner – satisfied it was premature to reach conclusion applicant unable to perform inherent requirements of job – no valid reason for dismissal – dismissal harsh and unjust – reinstatement inappropriate as relationship of trust and confidence between parties broken – $7,631.16 compensation less taxation ordered. Naeem v Boroondara City Council
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