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An employer did everything it could to find alternative suitable roles for an injured employee, the Fair Work Commission has found, ruling his dismissal was fair despite a procedural flaw.

Commissioner Pearl Lim accepted the employer could not keep the employee's role open for him, particularly as it had been two years since his injury and he had no reasonable prospects of regaining full capacity for work.

The former excavator operator for Norton Gold Fields suffered a work-related back injury while operating machinery in July 2021. The injury prevented him from performing his role and he was given light duties.

In July this year, the employer terminated his employment due to his inability to perform the inherent requirements of his role...