Log in or become a subscriber

An employer has failed to block a sacked worker's reinstatement on the basis that his "proven track record of unacceptable workplace behaviour" made the employment relationship untenable.

In August last year, DP World Sydney summarily dismissed the stevedore, alleging he engaged in serious misconduct during an independent medical examination and made an "abusive" comment to a supervisor.

In unfair dismissal proceedings, the Fair Work Commission heard that the employee injured his left forearm while at home in mid-2021 but was ineligible to return to work on light duties, and remained absent while receiving income protection payments.

After seeking further medical information from his treating doctor, who didn't respond, the employer directed the employee to attend an IME...