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An employee's struggles performing "less demanding" modified duties meant an employer had no confidence she'd be able to return to her pre-injury role, the Fair Work Commission has ruled, finding she was fairly sacked.

In May 2022, The Benevolent Society's child and family practitioner was a passenger in a car travelling home from a work conference when it was involved in a multi-vehicle crash.

As a result of the accident the employee was diagnosed with an adjustment disorder with anxiety and stress, as well as post-traumatic stress disorder, and she was certified unable to perform her pre-injury duties from September 2022.

The employer subsequently dismissed the employee a year later because of her continued incapacity for work and inability to perform the inherent requirements of her role...