Western Union Business Solutions (Australia) Pty Ltd v Robinson [2019] FCAFC 181 (23 October 2019) ( )


Catchwords:


INDUSTRIAL LAW – Fair Work Act 2009 (Cth) s 351(1) – adverse action – mental disability – whether prolonged failure to attend work a manifestation of Appellant’s disability – consideration of Shizas v Commissioner of Police [2017] FCA 61; 268 IR 71 – not a manifestation – no adverse action because of Appellant’s disability

INDUSTRIAL LAW – Fair Work Act 2009 (Cth) s 351(1) – adverse action – mental disability – mental process of decision-maker – where decision-maker did not know whether or not Appellant was ill and believed he was not– where decision maker did not perceive failure to attend work to be a manifestation of Appellant’s disability – no adverse action because of Appellant’s disability

INDUSTRIAL LAW – Fair Work Act 2009 (Cth) s 351(2)(b) – adverse action – mental disability – whether employee could not perform inherent requirement of employment – Appellant unwilling or unable to perform duties – no adverse action because of Appellant’s disability

INDUSTRIAL LAW – Fair Work Act 2009 (Cth) s 545 – adverse action – mental disability – compensation order – likelihood of return to work – refusal to attend independent medical examination an alternative and sufficient reason for termination – no economic loss sustained