When is an employee no longer able to perform the inherent requirements of their role, and when can an employer lawfully rely on incapacity as a reason for termination?
In this session, Andrew Douglas and Jim Babalis will discuss the legal test for termination based on an employee's capacity to perform the inherent requirements of their position, and the key considerations for employers when making these decisions.
Using a recent Fair Work Commission decision as a case study, they will examine how these principles are applied in practice and the important lessons for employers navigating this complex area of employment law.
Join us for an insightful discussion on this evolving area of employment law and the practical takeaways for employers.
Watch this week’s Friday Workplace Briefing Video here.

General Protections Claim limitations for Independent Contractors. Political Beliefs Protected under State law are not Protected Workplace Laws for Independent Contractors.
34:37

You Can’t Delegate Safety to Employees - It is Always Owned by The Employer Where There are Clear Rules and Failure to Comply with Directions
29:31

WFH: What Does it Mean for Victorian Employers
35:07