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Failing to give an employee even a "brief opportunity" to provide evidence of her current and future fitness for work made her dismissal unfair, the Fair Work Commission has ruled.

The employer's lack of communication with the employee meant it couldn't make a sound, defensible or well-founded decision, about either her incapacity or its ability to accommodate any potential restrictions, Deputy President Tony Saunders said.

The employee had worked in administration and support coordinator roles for Bungree Aboriginal Association from February 2018 until her dismissal in July last year.

In unfair dismissal proceedings, the Commission heard the employee raised concerns with the CEO in late 2024, about management and the employer's NDIS program. She then went on stress leave, claimed workers' compensation for a psychological injury, and was certified as having no capacity for work...