Log in or become a subscriber

An employer has been barred from sacking a worker who might "never" return to full duties, while the Fair Work Commission decides whether she has a right to ongoing reasonable adjustments.

The Jessie McPherson Private Hospital part-time nursing unit manager suffers from moderate obstructive sleep apnoea and has not been required to work night shifts for three years.

This arrangement had been reviewed every six months but, in March this year, the manager provided the employer with a GP's report which said she was unlikely to ever be able to recommence working night shifts.

The manager requested that she be able to continue working as she had done through access to provisions in the employer's enterprise agreement, relating to employees with a disability...