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Role modifications too unreasonable to render sacking unfair

An employer had a valid reason to dismiss a 64-year-old employee on restricted duties, as it wasn't "reasonable" to make further adjustments to his role, the Fair Work Commission has ruled.

The Snack Brands Australia receivables forklift officer (RFO), who had been with the company since 2001, underwent heart and abdominal surgery in 2019. He then participated in multiple independent medical examinations before a June 2020 assessment deemed him fit for light duties.

He returned to work but in December 2020, after driving a forklift into a pedestrian walkway barrier, he was asked to attend another IME. The IME found he should still be able to return to his pre-injury duties provided certain control measures were in place.

A month later, however, a manager raised concerns about the employee's shortness of breath, and a March assessment found he was unlikely to be fit for normal duties in the foreseeable future. It recommended he avoid squatting, kneeling, and any lifting over 5kg...

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