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An employer's risk-averse approach to weighing conflicting medical views about an employee's fitness for work resulted in an unfair dismissal, the Fair Work Commission has ruled.

Illawarra Coal Holdings dismissed the Appin Mine deputy in August last year, after it determined he could no longer perform the inherent requirements of his role, and it didn't have suitable alternatives available.

In unfair dismissal proceedings, the employee – who had worked for the employer since 1988 – described the "core" function of his position as being responsible for maintaining statutory compliance at the mine by undertaking inspections and supervising workers.

The Commission heard that between September 2019 and April 2021, the employee underwent functional assessments following heart and shoulder replacement surgeries...