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An employee who was dismissed for being "unable to cope with the unexceptional day-to-day requirements and stressors of her role" has lost her bid for reinstatement.

NSW's Local Land Services sacked the senior land services officer in January 2020 because she could not perform the inherent requirements of her role due to "mental incapacity", caused by a pre-existing, non-work-related mental illness.

The employee applied to the NSW Industrial Relations Commission under the State Workers Compensation Act, which allowed for reinstatement in circumstances where an employee who was sacked as a result of a compensable injury later became fit for employment.

The Commission heard that in 2017, the employee made a workers' compensation claim after being diagnosed with an adjustment disorder with anxiety; a psychologist reported she had prior mental health issues, and had experienced a "recent increase in symptoms due to an incident at work"...