QLD Dismissed Days Ago in case of Injury - Unfair Dismissal?

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16 July 2015
I was injured October 2014 (personal injury). I was dismissed on 1 July 2015 in case of re-injury from an injury I sustained whist employed from same company in October 2014. employed with company for 3 years. 8 full time employees and 15-20 casual staff. They have stated that due to the duties that are detramental in my position that could pose as a potential risk for re-injury.

Do I have a case for discrimination under general law or just a general unfair dismissal.


Tracy B

Well-Known Member
24 December 2014


Well-Known Member
10 February 2015
Hi Shane,

The reason the Fair Work Ombudsman couldn't give you a definitive answer is because it isn't an easy situation to determine.
Physical disability (i.e. your injury) is a protected attribute. This means that discrimination on this basis is prohibited.
If an employee can no longer do their job due to disability then the employer is generally obligated to do everything they can to make sure that the employee is able to do either their work or a safe job. For example, they may be given other equipment to help them or they may be transferred to another area.

However whether you have been discriminated against needs to be determined by the Fair Work Commission (FWC). By the sounds of things, this is definitely worth pursuing. As @Tracy B said, you need to lodge your application to the FWC ASAP! This is because you have 21 days to lodge your complaint from the date of dismissal.

So call the FWC first thing on Monday and lodge your application. Contact us | The Fair Work Commission
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