Log in or become a subscriber

A 60-year-old employee sacked because he could no longer perform the inherent requirements of his role was not unfairly dismissed, despite arguing HR defamed him, a commission has found.

The long-serving Nepean Blue Mountains Local Health District wardsperson suffered a lower-back injury when moving a patient in 2016. He had no capacity to work for about four months, then returned with restrictions and performed various duties, including unsuccessful trials as an emergency clerk administration officer and ward clerk.

In May 2020, the employer's HR business partner informed the employee that all available options to redeploy him to a permanent role had been exhausted, and recommended dismissal on medical grounds as his continued inability to lift or carry more than 5kg meant he couldn't return to his wardsperson role. The employee responded by letter, urging the employer to consider his ongoing dedication to the hospital, and to helping people in need.

The letter also said the HR partner's review was "defamatory" because it made him look "slow and incompetent"...