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It was unfair to dismiss an injured employee "out of the blue", despite her two-year absence and inability to work, the Fair Work Commission has ruled.

The employee's ongoing inability to perform the inherent requirements of her role provided a valid dismissal reason, but dismissing her without any warning was harsh, Commissioner Alana Matheson found.

The Sydney Freezers Distribution and Storage casual delivery driver was injured while working in April 2024, and started receiving workers' compensation payments.

These payments ceased in January this year, but at the time of her dismissal in May, the employee still hadn't returned to work...