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Employee with psych injury fairly sacked despite "full" capacity

A mentally unwell employee has failed to prove her employer compromised her ability to return to work after she suffered a psychological injury, and that she was therefore unfairly dismissed.

The Fair Work Commission heard that in May 2020, the Catholic Education Western Australia teacher was on playground duty when two students threw an acorn and football, both of which hit her, the latter leaving her winded.

The employee reported the incident and the students received a detention, but after she complained this wasn't severe enough the second student's punishment was upgraded to an internal suspension. The employee said she would no longer work in that area, also complaining that no staff members had spoken to her in person about the incident.

Following another incident in June, with a student who had more than 200 complaints submitted against him (including some involving acts of violence), the employee said she felt "empty, frightened and hopeless". She was certified unfit for work and asked the employer not to contact her until term three...

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