Employer rejected the 'potential benefits' of the surgery, says worker
The New South Wales Industrial Relations Commission (IRC) has recently ruled over a health worker’s unfair dismissal application that claimed it was ‘unjust’ since she was awaiting surgery for a workplace injury.
The employer said it dismissed the health worker for medical reasons, stating she could no longer fulfill “the inherent requirements” of her role but the latter argued that the surgery was intended to resolve that. She also said it was harsh to dismiss her after 16 years of “unblemished service,” considering the “difficulty of a 47-year-old woman re-entering the job market” and the “limited prospects” caused by the COVID-19 pandemic.
The health worker was a technical officer in the clinical chemistry department at Liverpool hospital. She suffered a workplace injury to her shoulder and cervical spine. Her certificates of capacity provided showed that she was “unfit for work,” which gradually became “fit for work, with restrictions.”
According to records, she was restricted from travelling to the hospital. Following her return to work, she was also “limited in her capacity.”
Later on, her employer asked why her employment should not be terminated on medical grounds due to her travel limitations and limited capacity. She said she was “awaiting spinal surgery and has been endeavouring to increase her working hours and return to ordinary duties.” She also said that she “genuinely wants to return to work and is dedicated to her role.” The IRC noted that her reasons were “unsupported” by medical reports or evidence.
The employer then terminated her employment on medical grounds. The health worker said her employer “dismissed the potential benefit of the proposed surgery” but the IRC said her claim is “unreliable.”
In its decision, the IRC favoured the employer and said her dismissal was not unfair nor unjust, saying the role of a “technical officer” is a “physically demanding job” that requires “physical capacities which [she] did not have at the time of her dismissal.”
The IRC also said that it was satisfied that the employer made “reasonable attempts” to assist the health worker in her recovery and the employer “appropriately considered” if there was any “suitable” and “available” work available, given her capacities.
The IRC said that “although the decision to terminate her employment [was] difficult, given her medical circumstances, [it] was not harsh.”
The decision was handed down on 16 February.
