Termination of employment for inability to meet inherent requirements

It is a question of fact to be determined by expert evidence in an unfair dismissal case whether an employer…

Read More →

Unfair dismissal; inherent requirements of the job

For the dismissal of an employee to be upheld as relevantly fair, the tests used by the Fair Work Commission…

Read More →

Meeting the inherent requirements of the job

Where an employee is unable to meet the inherent requirements of the job, it is perfectly lawful for an employer…

Read More →

Fair work law; the inherent requirements of the job

One of the most common issues about which I am consulted in my fair work practice is the issue of…

Read More →

Unfair dismissal; the inherent requirements of the job

Where an employee is unfit for work because of medical issues, whether or not they are sustained at work or…

Read More →

Unfair dismissal; inherent requirements of the job

An employer will generally be permitted to dismiss an innocent employee who for whatever reason can no longer fulfil the…

Read More →

Inability to perform the inherent requirements of a job; the effect

“An inability to perform the inherent requirements of the position will generally provide a valid reason for dismissal. But this…

Read More →

Inherent requirements of the job; duty of reasonable accommodation? Part 2

“Jetstar (Jetstar Airways Pty Limited v Neetson-Lemkes (2013) FWCFB 9075 )took into account that, in some cases of an employee’s…

Read More →

Unhelpful disagreement at the Fair Work Commission; valid reason for dismissal?

As appears clear from the following passages, the question whether the legal test in determining if there is a valid…

Read More →

Dismissals for being unable to fulfill the inherent requirements of the job Part 1

It is quite common for an employer to dismiss an employee on the basis that the employee is no longer…

Read More →