1 min read

Procedural fairness still required in medical incapacity cases

The Case

Bostock v Austmont Pty Ltd (2022)

Austmont Pty Ltd employed Mr Bostock as a full-time factory foreperson. Mr Bostock took personal leave in April 2021 and lodged two workers’ compensation claims after suffering a psychological injury in the workplace. The injuries arose following anonymous and unsubstantiated complaints against Mr Bostock.

On 10 February 2022, Austmont dismissed Mr Bostock, claiming he was no longer able to perform the inherent requirements of his role due to his injuries.

Mr Bostock made an unfair dismissal application to the Fair Work Commission (FWC), claiming his dismissal was unfair because Austmont had caused his psychological injury and bullied him.

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