Woman fired after taking 114 sick leaves, workplace tribunal backs employer

The company argued that it was unable to accommodate the employee’s medical restrictions.

A long-serving employee in Australia's Brisbane contested her employer's decision to fire her after she had taken several sick leaves. Reportedly, a workplace tribunal backed her employer’s decision, stating that the employer was not at fault for laying off the woman who took 114 sick days in one 12-month period.

The woman who was laid off worked as a customer service operator on ferries. (Representative image). (Pexels)

Jodie Daunis, who worked as a customer service operator on Brisbane’s iconic ferries, was laid off by Kelsian Group last year.

According to tribunal documents cited by news.com.au, the company terminated her employment, arguing she could no longer reliably perform her duties.

When did her health trouble begin?

Her health issues started in April 2024 when she developed deep vein thrombosis. She started suffering from blood clots that triggered inflammation and persistent pain.

Following this, she was referred for surgery by her doctors, but she found herself on a waitlist at a public hospital after her insurance provider refused to cover the cost of the operation. Her situation worsened when she was hospitalised in 2025 and was away from her work for about a week.

Though she returned to work, she could manage being present for only two shifts. Then she informed her employer that she would remain away from work for three months on the advice of a vascular surgeon and a blood specialist.

At one point, she also underwent an independent medical examination and argued that the assessment indicated she could return to work after her planned surgery. However, Kelsian argued that the report could not show that she would be fit to perform the essential duties required of her ferry role.

The company argued before the tribunal that allowing reduced hours for Daunis would force other employees to fill the gap. Eventually, Kelsian terminated Daunis. The company stated it cannot accommodate her medical restrictions.

She challenged the decision, but the Fair Work Commission sided with Kelsian Group.

What did the tribunal rule?

“I do not accept that the (independent medical examination) report conclusively determined that Ms Daunis could fulfil the inherent requirements of her role in the future. I am satisfied that the evidence does not support such a conclusion,” Commissioner Chris Simpson ruled, reported the outlet.

He agreed with the company that changing Jodie Daunis's rostering system seems unrealistic. “I accept, taking into account the nature of the working arrangements, and the impact on other staff, and cost to the respondent (Kelsian Group) in making accommodations as proposed for Ms Daunis that they are not practical or reasonable in this case and that there was no reasonable adjustment that could have been made to Ms Daunis’ role to accommodate her current or future incapacity given the nature of her role.”