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Injured worker's dismissal fair despite poor communication

It was unreasonable to expect an employer to fashion a role around an injured employee's incapacities, and despite its ineffective communication, her dismissal was nonetheless fair, a commission has ruled.

In June 2019 the Liverpool Hospital technical officer injured her shoulder and cervical spine at work and was certified unfit for duties. Six months later she returned to work and gradually increased her hours, but she still suffered pain and was unable to drive or lift more than 2kg, and could only engage in minimal bending, twisting, turning and squatting.

A year later, the employee's surgeon said that despite the employer's full assistance, it seemed unlikely she'd make a full recovery. Her restrictions remained the same and no further modifications were available; she could manage a full-time sedentary job, but not her pre-injury role...

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