TERMINATION OF EMPLOYMENT – incapacity – s.394 Fair Work Act 2009 – application for unfair dismissal – due to a medical condition, the applicant, over a number of years, was unable to work for months at a time – respondent dismissed applicant due to his incapacity to perform work – decision at first instance held that the dismissal was harsh and reinstated the applicant [[2017] FWC 5740] – appeal was upheld and matter remitted for rehearing [[2018] FWCFB 1005] – Commission considered s.387 factors, adopting the approach in Jetstar – satisfied that dismissal was harsh, unjust and unreasonable – considered reinstatement to his pre-dismissal position with continuity of employment and service is an appropriate remedy – ordered respondent pay application 90% of his average weekly earnings for a period of 20 weeks representing remuneration lost because of the dismissal. Papaioannou v CSL Limited t/a CSL Behring
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