TERMINATION OF EMPLOYMENT – incapacity – inherent requirements – s.394 Fair Work Act 2009 – application for unfair dismissal remedy – applicant dismissed on the basis of medical capacity – applicant diagnosed with multiple sclerosis just prior to commencing employment with respondent in April 2009 – respondent raised concerns regarding applicant’s capacity to perform inherent requirements of position in 2016 – applicant’s treating neurologist reported that applicant was safe to work around patients, however applicant’s capabilities were not assessed by an independent medical source – principles in Lion Dairy considered – Commission not satisfied that there was a clear finding by an appropriate medical practitioner that applicant cannot perform the inherent requirements of the job -satisfied that applicant’s performance issues were significant and respondent had a valid reason to terminate applicant’s employment based on capacity or conduct – considered whether dismissal was harsh, unjust or unreasonable – found respondent failed to provide warning to applicant regarding performance and failed to provide applicant with opportunity to respond to reasons for dismissal – found dismissal unfair – considered compensation in lieu of reinstatement appropriate remedy – found compensation of $4240 plus superannuation appropriate in all circumstances – liberty granted to seek variation order in the event of dispute about monetary value of notice payment upon compensation figure. Logan v Knoxfield Medical Centre P/L t/a Colchester Medical Centre
