Physical limitations and workplace modifications under scrutiny in recent FWC decision
The Fair Work Commission recently dealt with an unfair dismissal claim brought under section 394 of the Fair Work Act 2009. A master technician in the automotive industry argued his employer failed to make reasonable adjustments after learning about his medical condition that limited his physical capacity.
The worker said he relocated for the role based on promises of career progression into a supervisory position. When medical assessments revealed a permanent degenerative condition affecting his spine, he presented medical certificates recommending workplace modifications.
The case centered on whether the dismissal was harsh, unjust or unreasonable under section 385 of the Fair Work Act 2009, particularly focusing on the worker's capacity to perform the inherent requirements of his role.
The original employment letter from March 2022 stated: "[T]his formal offer of employment has been made on the understanding, that all going to plan, [the worker] will progress to become a Foreman and eventually take over the current duties performed by [the incumbent foreman]."
The former service manager testified that discussions about the foreman position recognized it as a potential future development, contingent on the incumbent foreman's retirement. Throughout his employment, the worker maintained productivity data showing average levels of 46.77%.
The position description remained unchanged even after his title changed to "Foreman/Master Technician" in February 2023, continuing to require substantial hands-on mechanical work.
In February 2024, the worker's treating physician, Dr Cakra, diagnosed him with permanent degenerative disease of the cervical and lumbar spine after an incident while working on a low hoist.
The doctor advised the worker needed to "avoid repetitive/strenuous flexing or extending his neck and lower back, which meant no bending or working under a vehicle."
The employer responded by reviewing role requirements, noting in a letter to Dr Cakra: "It is typical that an automotive technician would perform at least 6 hours a day of medium to heavy labour, which would include extended periods of time working underneath vehicles on a hoist or bent over the bonnet of a vehicle."
Dr Cakra later confirmed the condition would gradually worsen over time, stating even with modifications, looking up while working would continue to stress the worker's cervical spine.
The employer's people and culture manager provided evidence that creating an additional non-productive role was financially unfeasible, testifying: "Last financial work the department only made $74,000. [The worker's] wages were in excess of that. When we look at could we absorb and create an additional non productive role for [the worker], it was not financially viable."
The Commission found: "To reorganise the various tasks within the workshop so [the worker] could avoid duties that were unsafe for him to perform would have represented a transformation of his substantive position into one modified and restricted in order to accommodate his impairment."
While the employer scheduled multiple meetings to discuss the situation, the worker declined to attend based on legal advice.
After reviewing all evidence, the Commission concluded: "Having regard to the medical evidence before the Commission, I consider it was open to [the employer] to conclude that [the worker] was not capable of performing the inherent requirements of his substantive role at the time of the dismissal or at some time in the future."
The decision noted: "The sad reality that has confronted the parties in this case is that [the worker] has a permanent, degenerative arthritic condition affecting his neck and back that has rendered him unfit to perform the volume of physical labour that was an inherent requirement of his substantive role."
The Commission ultimately dismissed the unfair dismissal application, finding the employer had properly considered medical evidence and potential workplace adjustments before terminating employment.
