TERMINATION OF EMPLOYMENT – incapacity – inherent requirements – s.394 Fair Work Act 2009 – application for unfair dismissal remedy – applicant sustained injuries in sky diving accident – applicant provided report to respondent from his orthopaedic surgeon detailing assessment of his condition – respondent requested independent medical examiner undertake medical assessment of applicant and provide recommendations on capacity to perform role – medical examiner report identified major issue affecting applicant’s capacity to undertake his position – meeting held with applicant, respondent and site leader where applicant presented a certificate from orthopaedic surgeon clearing him to return to work – respondent requested a further report from medical examiner in light of applicants report – show cause meeting held where applicant was given copy of supplementary report – applicant responded to show cause letter – Commission did not accept applicant would not be fit and proper to return to his position – Commission found applicant could perform requirements of his position – applicant not given a reasonable opportunity to respond to reasons of dismissal – reinstatement of applicant’s former position appropriate – Commission held appropriate to make order for remuneration of $13,043 lost by applicant as result of dismissal. Norman v Lion Dairy and Drinks Milk Ltd
…
