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"Likely permanence" of employee's incapacity meant dismissal was fair

It wasn't unfair to dismiss an incapacitated employee without first trying to redeploy or rehabilitate him, the Fair Work Commission has found, given the "likely permanence" of his inability to perform any work.

Even if the employer was inclined to find him suitable duties or an alternative role, medical opinions were "guarded" as to whether the employee would ever regain any work capacity, Commissioner Emma Thornton said.

The WorkSafe Victoria inspector was sacked in July last year, after 26 years of service with the employer, based on its view that he couldn't perform the inherent requirements of his role.

In unfair dismissal proceedings, the employee contended his inability to perform his job was caused by the employer's failure to commence early intervention rehabilitation to help him return to work after a post-traumatic stress disorder diagnosis...

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