Log in or become a subscriber

An injured worker who was medically restricted to working from home was dismissed when his employer said it wouldn't offer further duties unless he returned to its office, the Fair Work Commission has found.

This "ultimatum" was a clear communication to the worker that his services were no longer required given his medical restrictions at the time, Deputy President Ian Masson found.

The worker had undertaken design and drafting duties for construction company Malishev Group from March 2012 until late 2025, when he suffered a work-related injury. After that, he submitted certificates of capacity stating he could only work from home.

On 6 March 2026, the worker emailed the employer's managing director seeking confirmation of his employment status. This was prompted by a phone call two days earlier, in which he alleged the MD told him his employment was terminated, effective immediately...