Log in or become a subscriber

It was possible an employer wasn't aware of a worker's injury when it directed him to perform a task beyond his capacity, but dismissing him for refusing was harsh and unreasonable, the Fair Work Commission has ruled.

In May this year the employee, a nut roaster for food retailer Harkola Pty Ltd, was directed by the employer's chief operations manager to operate a tumbler machine.

He refused, on the basis he had a work-related injury that excused him from operating the tumbler machine or lifting anything heavy.

Three days later, he was advised that his employment had been terminated...