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Employer defends sacking unwell employee who resisted RTO mandate

It wasn't unlawful to sack an employee who resisted returning to the office because of her chronic health conditions, the Federal Circuit Court has ruled.

Due to the nature of the employee's role, it was an inherent requirement that she attend the physical workplace for at least some of her workdays, Judge Peter Fary accepted.

The dispute dates back to March 2022, when the Special Broadcasting Service Corporation (SBS) proposed requiring its Victorian staff to produce and present news segments in a live studio, following two years of working from home.

A few days later, the Greek language program producer asked to keep working from home indefinitely. She referred to numerous chronic health issues, one of which impacted her "mobility and safe commuting to work", and said she was willing to undergo a medical assessment.

But the program manager declined her request, specifying its operational reasons. As an alternative, he offered her a temporary fully remote arrangement, which she accepted...

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