Medical evidence for valid reason for dismissal

In Jetstar Airways Pty Ltd v Neeteson-Lemkes [2013] FWCFB 9075, and Ronald MacDonald v Jetstar Airways Pty Limited T/A Jetstar [2014] FWC 488 an employee’s inability to perform the inherent requirements of the position (now, and in the foreseeable future) will generally be a valid reason for dismissal. However the case constitutes a warning to employers must ensure that they have clear and timely medical evidence supporting the decision to dismiss before that decision is made, and allow the employee the opportunity to challenge that evidence (including by taking into account the views of the employee’s treating practitioner).