Dismissing injured or ill employees

In a decision which is seen as a win for common sense, the FWC has denied an employee’s unfair dismissal claim after he was dismissed for being unfit to perform the inherent requirements of his job.

In this case, the employee complained that he was subjected to cold temperatures and wind at the Bunnings store at which he worked. The complaint was precipitated by a workplace injury (after which the employee had recovered and returned to work) which the employee claimed left him sensitive to cold temperatures.  As Bunnings’ stores are relatively open and exposed to cold temperatures, Bunnings supplied employees with jumpers, scarves, beanies and gloves.  However, this was not sufficient to keep the relevant employee warm enough.

During his entire employment period, the employee worked only 9 months and, in the period between October 2012 and January 2014, he worked only 1 day.   After several meetings with the employee and allowing ample time to see if the employee’s condition improved, Bunnings dismissed him as it was unable to provide the employee with a safe working environment.  The FWC found that Bunnings had done everything it reasonably could in the circumstances and had a valid reason for dismissal (i.e. that the employee was no longer able to meet the inherent requirements of his position), the dismissal was not unfair.

Lessons: Before dismissing injured or ill employees, employers should ensure that they have done all they reasonably can to accommodate the needs of those employees.  However, if that cannot be done and the employer otherwise has a valid reason for dismissal, the dismissal is likely to be considered fair.  Nevertheless, as the circumstances of each dismissal are likely to be different, advice should always be sought prior to dismissing employees.

 

Reynato Reodica v Bunnings Group Limited [2014] FWC 6183