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"Compassionate" employer could no longer accommodate lengthy absence

The Fair Work Commission had no jurisdiction to consider whether FDV experienced while working from home meant an employee had suffered a workplace injury, it has noted in concluding her dismissal after a 15-month absence wasn't unfair.

Even if her incapacity was work-related, the employer was still entitled to sack her for being unable to perform the inherent requirements of her role, Commissioner Jennifer Hunt said.

The Commission heard the employee had worked remotely as a business advisor with Thryv Australia since October 2022. It also heard she had experienced a long history of "shocking" family violence, which she disclosed to the employer in May 2023.

After taking some leave to move house, the employee returned to work briefly in January 2024. However, she then went on stress leave, alleging this was due to bullying by her manager, and ultimately she never went back to work...

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