The applicant had been employed on a casual basis from 21 January 2004 as a
bagging machine operator in the respondent’s business, which concerned the
growing and harvesting of bananas. In October 2009, the applicant suffered from a
work-related double hernia and went onto light duties. He underwent surgery in May
2010. In July 2010 the applicant’s doctor provided a medical certificate stating that he was fit to resume normal duties. Despite this, he was kept on light duties by the responden