Fitness for duty page 1 of 4

31 articles are classified in All Articles > Workplace policy > Fitness for duty


Order to complete COVID-19 survey a lawful direction

The FWC has upheld a recruitment company's dismissal of a consultant who refused, as the coronavirus pandemic escalated in early March, to complete a survey about his recent history of travel to destinations with moderate to high COVID-19 risks.

Nurse with hearing loss disadvantaged by rigid shift rules

NSW Health must compensate a registered nurse for lost shift penalties and refrain from rostering her on morning and night shifts after a tribunal found it indirectly discriminated against her on the basis of her hearing impairment.

One-off pot smoker's sacking went off the rails: FWC

The FWC has reinstated a rail worker sacked for coming to work the day after he smoked his first joint in 30 years and has taken Sydney Trains to task over its purported zero tolerance for drugs.


MS/Parkinson's sufferer claims discriminatory sacking

Professionals Australia has filed a $380,000 discrimination and adverse action claim against one of the nation's largest defence contractors, alleging it unlawfully sacked a manager after nearly 20 years' service because he suffers from multiple sclerosis and Parkinson's disease.

Employer can ask claustrophobic tradie to work in enclosed spaces: FWC

A multinational "people flow" company can require a tradesperson with severe claustrophobia to transfer from an escalator repair team to an elevator repair team, the FWC has found, while cautioning that its approach to accommodating his condition would be considered if he returned with an unfair dismissal claim.

Manhattan cocktails sufficient reason for Qantas sacking

The FWC has confirmed the right of employers in safety-critical industries to dismiss workers whose out-of-hours conduct impairs the safe performance of their duties, in the case of a flight attendant who called in sick during a layover after being hospitalised with a blood-alcohol reading of .205.

Duty of care didn't include foreseeing attack: FWC

The FWC has rejected a dismissed employee's contention that a company's duty of care extended to anticipating that he would act in a violent and threatening manner towards a co-worker.

BHP worker who flunked drug test allowed to challenge dismissal

The FWC has extended time for a BHP joint venture mineworker to lodge a general protections claim challenging his sacking over a failed drug test, but has agreed there is "great weight" to the employer's view that it is essentially an unfair dismissal application in disguise.

FWC ruling underlines importance of proper drug testing processes

The FWC has highlighted the additional credibility provided when employers test for drugs in accordance with the Australian Standard, in upholding a multinational mining company's sacking of a marijuana smoker who breached its zero tolerance policy.