TERMINATION OF EMPLOYMENT – incapacity – inherent requirements – s.394 Fair Work Act 2009 – applicant performed duties as production technician – applicant commenced employment in OCtober 2011 – fly-in fly-out basis roster with two weeks work then one week rest – applicant did not seek medical attention – six months later applicant sustained further work related respiratory illness as a result of hydrocarbon exposure – applicant made worker’s compensation claim which was accepted – applicant did not work between 24 December 2012 and 29 January 2014 – respondent had several meetings regarding applicant’s inability to fulfil inherent requirements and applicant’s failure to find suitable alternative employment during redeployment process – applicant dismissed on 29 September 2014 – Ermilov and Birdi followed – Commission satisfied that dismissal based on an employee’s inability to carry out the inherent requirement of a position is a valid reason for termination [J Boag and Son] – applicant dismissed. Mwakichako v BHP Billiton WAIO P/L
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