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Employer's reliance on incapacity evidence wasn't "cherry picking"

It was fair to dismiss a worker who remained certified unfit for work after a 22-month absence and seemed unwilling to assist his own recovery, the Fair Work Commission has ruled.

The police custody officer claimed his dismissal was unfair, alleging the Victorian Police Department's reliance on a psychiatrist's report was "selective cherry picking".

He sought reinstatement, but the employer maintained that it had a valid reason to dismiss him and had undertaken a fair process...

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