Fair Work Act 2009

s.365 - General protections

Application to deal with contraventions involving dismissal - correction to preamble and paragraph [160]

The decision issued by the Fair Work Commission on 22 October 2021 [ [2021] FWC 6182] is corrected as follows:

• [1] The reference in the preamble National Jet Systems Ltd is deleted and replaced with "National Jet Operations Services Pty Ltd".

• [2] Paragraph [160] is deleted and replaced with the following:

"[160] On 2 June 2021, NJS through its solicitors sent a letter to the Applicant, through Mr Grealy, stating that NJS's direction was not a repudiation of the Applicant's employment contract and that the purported acceptance of such repudiation in Mr Grealy's letter of 13 May 2021 was without basis. NJS confirmed that the Applicant's further employment remains on foot. NJS acknowledged that Mr Grealy's 13 May letter suggested that the Applicant no longer wished to remain employed by NJS and stated that she should confirm whether she wishes to resign. NJS noted that if she did not resign, NJS would direct her to attend an IME. This was particularly necessary given the medical evidence provided to date has not satisfied Qantas Medical that the Applicant has a medical condition that prevents her from wearing a face mask or face shield and further, there was legitimate concern that this meant she could not fulfil the inherent requirements of her role, for example in relation to emergency procedures."

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