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It was unfair to deny a long-serving employee the opportunity to respond to his potential dismissal, despite his incapacity to return to work, the Fair Work Commission has found.

In March last year, the Austmont employee was subject to an anonymous complaint, but an investigation found it unsubstantiated. In April the employee went on leave, and later made workers' compensation claims for physical and mental injuries.

A subsequent independent medical examination confirmed the employee's incapacity for work, and in February this year he was dismissed for an inability to perform the inherent requirements of his role...