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Case in Brisbane Involves Diagnosis of Deep Vein Thrombosis, Successive Medical Withdrawals, and Fair Work Commission Analysis of Capacity to Perform Essential Job Functions
An Australian employee was dismissed after accumulating 114 days of medical leave over a 12-month period, a situation that brought the case to the Australian labor courts and highlighted the legal limits of prolonged work absences.
The worker Jodie Daunis, who worked at a ferry service in Brisbane, legally challenged the termination of her employment contract. However, after reviewing the case, the Fair Work Commission determined that the company acted within Australian labor laws, concluding the dispute without awarding compensation to the employee.
The company argued that, given the history of medical absences and the health condition presented, the employee was unable to perform her duties in a regular and reliable manner, which would compromise the performance of the functions required by the position.
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Health Issues Led to Increased Medical Leaves
The problems began to intensify in April 2024, when Jodie Daunis was diagnosed with Deep Vein Thrombosis, a condition characterized by the formation of clots in deep veins.
This disease can cause severe pain, inflammation, and recurrent episodes of thrombosis, which ultimately led to successive medical absences over the analyzed period.
As a direct consequence of this clinical condition, the employee accumulated 114 days of medical leave within a span of 12 months, a factor that later became central in the company’s evaluation of the case and by the labor authorities.
Subsequently, doctors recommended that Daunis undergo a vascular surgery to address the problem. However, according to information presented in the proceedings, the insurer denied coverage for the procedure, forcing the worker to enter the waiting list of the Australian public health system.
Return to Work Was Followed by New Pain
After a period of absence, Daunis returned to work. However, she managed to complete only two shifts before experiencing severe pain related to thrombosis.
Given this situation, medical specialists recommended a new leave of approximately three months, which further increased the company’s concern about the continuity of the employment relationship.
Subsequently, a medical exam indicated that the employee could return to professional activities. Even so, after assessing the situation, the company concluded that she would not be able to perform the essential functions of the position consistently.
Furthermore, the organization stated that it did not have the means to adapt the workplace to meet the medical restrictions presented by the worker.
Based on this assessment, the employment contract was terminated by the company responsible for the ferry service in Brisbane.
Labor Commission Reviewed the Case and Upheld the Decision
After the dismissal, Jodie Daunis decided to contest the measure at the Fair Work Commission, the agency responsible for addressing labor disputes in Australia.
During the review, medical records, the history of leaves, and the employee’s ability to perform the required duties were considered.
After reviewing the elements presented in the case, the commission concluded that the company acted within the rules of Australian labor legislation when terminating the contract.
According to the decision, the organization had the right to end the relationship when the employee is unable to perform the essential functions of the position reliably and continuously.
Thus, the Fair Work Commission decided in favor of the company, understanding that the dismissal occurred legally and justifiably.
As a result, the worker was unable to obtain compensation in court, concluding the labor process.
Between Labor Rights, Employee Health, and Professional Performance Capacity: To What Extent Can Extended Absences Impact the Continuity of an Employment Relationship?
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