Termination of employment – incapacity – inherent requirements – s.394 Fair Work Act 2009 – application for unfair dismissal remedy – applicant dismissed in May 2015 due to incapacity to perform inherent requirements of Cool Room Operator – hazard and risk assessment conducted in February 2014 – applicant considered medium-to-high risk – applicant’s weight objectively precluded him from operating forklifts as exceeded maximum weight safety ratings – stood-down in June 2014 – second assessment in February 2015 – weight had increased from 165kg to 175kg – cardiologist report indicated severe obstructive sleep apnoea may pose a problem with operating mobile machinery – Commission accepted valid reason to dismiss on basis of incapacity concerning inherent requirements of position – decision to dismiss made around a year after applicant stood-down with a view to a return to work after addressing medically-advised weight/health management issues – respondent entitled to act on information available to it as of May 2015 despite post-dismissal developments following surgery concerning obesity – not satisfied dismissal harsh, unjust or unreasonable – application dismissed. Parahi v Parmalat Australia Ltd
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