Michael Harte v Forbes Australia Pty Limited t/as Hunt
Boilers [2011] FWA 6948
Mr Harte's employment was terminated by Forbes Australia Pty
Limited (Forbes) on the basis he was unable to perform the inherent
requirements of his job. Mr Harte sought relief under s394 of the
Fair Work Act 2009 (Cth) on the basis of unfair
dismissal.
Mr Harte seriously injured his foot at work in December 2004.
Upon returning to work in August 2006, Mr Harte performed office
based duties before resuming his technical role. In November 2007
Mr Harte was promoted to a service technician, level 2, and by
December he was promoted to the role of Service Supervisor
– Mechanical (SSM).
In mid 2010 Mr Harte had surgery to remove a plate from his
foot. After surgery Mr Harte settled a permanent disability claim
as he believed he would never return to his pre- injury status.
