In Anderson v Essential Energy [2011] FWA 7423,
Anderson suffered permanent damage to his leg and ankle in an
accident at work in 2001. He later returned to work on light duties
and in 2006 became one of three Team Leaders, a role which was
compatible with his ongoing disabilities. A restructure in 2010
reduced the number of Team Leaders to two and he was unsuccessful
in applying for either of the remaining positions. He was
subsequently offered, and accepted, a position as an Electrical
Technician, a role he had in fact held before he became a Team
Leader in 2006.
Shortly afterwards, he complained about discomfort whilst
driving the vehicle that he used in the new role. He was medically
examined and deemed capable of performing his duties, subject to
certain limitations, but was subsequently dismissed on the grounds
that he was considered incapable of performing the 'inherent
requirements' of his job in its entirety. (Anderson maintained
that he had not in fact been
