TERMINATION OF EMPLOYMENT – performance – s.394 Fair Work Act 2009 – application for unfair dismissal – applicant employed as a CNC machinist – role required him to bend over machines for a long time – claimed this had resulted in the significant exacerbation and acceleration of an underlying degenerative disc disease – respondent submitted the applicant had never raised any problems he was having with his back – applicant was given a difficult job that would have required him to bend over a machine for 10 to 12 hours – applicant refused job citing back pain – respondent submitted applicant was seeking more money – said if the applicant was not going to do the job he would ‘have to leave the company now’ – audio recording of meeting between parties admitted into evidence – Commission found applicant did not refuse to perform the task because of the state of his lower back, but because he thought he should be paid more – found applicant was not unfairly dismissed – application dismissed. Zhang v Meeke Engineering
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