Capacity for the job and employer’s obligation to accommodate

An employer is entitled to dismiss an employee who for whatever reason if unconnected with the workplace is unable to perform the duties which are inherent in the position for which the employee is employed. However the employee’s decision about this judgment must be reasonably based and the Fair Work Commission, in an unfair dismissal […]

Unfair dismissal and capacity

When considering whether the termination of employment of an employee constitutes an unfair dismissal, the Fair Work Commission looks firstly at jurisdictional issues, then to whether there was a valid reason for the dismissal and then to whether even in that event the dismissal was harsh, unjust or unreasonable; see s.385 Fair Work Act 2009. […]