An Australian workplace tribunal has upheld the dismissal of a long-term employee who took 114 days of sick leave over a 12-month period due to serious ongoing health issues. The decision highlights the challenges companies face when balancing employee well-being with operational reliability. In this case the employer argued that the absences made it impossible for the worker to perform her duties consistently. Jodie Daunis a customer service staff member on the Brisbane CityCat ferries operated by Kelsian Group lost her job in July of last year after her condition repeatedly kept her away from work.
Daunis had served the company for years but her health began to decline sharply around April 2024. Doctors diagnosed her with deep vein thrombosis leading to repeated blood clots inflammation and persistent pain. By November that year specialists recommended surgery yet she ended up on a public waiting list because her insurance would not cover the procedure. In April 2025 she spent about a week in the hospital and tried to return afterward but managed only two shifts before the pain forced her out again. Medical advice from both a vascular surgeon and a blood disorder specialist urged her to stay off work for the following three months.
The situation escalated when the company arranged an independent medical assessment in June. Daunis and her union the Australian Maritime Union interpreted the report as indicating she could resume full duties after planned surgery. Kelsian Group on the other hand viewed it as clear evidence that she could not currently meet the essential requirements of her role. This difference in interpretation became central to the dispute that reached the Fair Work Commission. Commissioner Chris Simpson reviewed the evidence and concluded the assessment fell far short of proving Daunis would soon be able to return reliably.
Simpson stated he could not accept that the medical report definitively established her future ability to fulfill the key demands of the position. He added that the available evidence simply did not support such a conclusion. The ruling emphasized that employers have the right to expect regular and dependable attendance especially in roles involving public service like ferry operations. While acknowledging the genuine nature of Daunis health struggles the commission found the cumulative impact of her absences justified the termination.
This outcome has sparked broader conversations about workplace policies for chronic illnesses and the limits of reasonable accommodations. Many employees facing similar conditions worry about job security when extended leave becomes necessary. At the same time businesses must maintain staffing levels to ensure safety and service quality particularly in transport sectors. The case underscores how courts weigh medical documentation against practical job demands. It also raises questions about access to timely private medical care when public systems involve long waits.
Health challenges can disrupt careers in unexpected ways yet this tribunal decision reinforces that prolonged unreliability may lead to difficult employment choices. Companies like Kelsian Group often explore options such as modified duties or extended leave before resorting to dismissal. In Daunis situation however the evidence pointed toward ongoing incapacity that the employer could no longer sustain.
What are your thoughts on how employers should handle long-term sick leave cases like this one in the comments.
