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Employer sacked worker based on "assumptions" not evidence

An employer's decision to dismiss a worker who had been absent for nearly two years was based on "assumptions or incomplete information", the Fair Work Commission has found.

The employer "had a basic duty of care to ensure that [it] had all relevant information on hand prior to terminating her employment", yet inexplicably hadn't received a report that stated she was fit to perform her pre-injury duties, Commissioner Paul Schneider noted.

The Warwick Fabrics sales manager fractured her foot in August 2022 when leaving a client site. She was then absent from work until her termination in July 2024.

She claimed there was no valid reason for her dismissal and it was therefore unfair...

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