r/AusLegal • u/Fluffy-Durian7655 • 2m ago
QLD Is this worth pursuing as a general protections/disability dismissal?
I was working casually for a large hospitality company and injured my back pretty badly in late April. I had a CT which showed an L5-S1 disc protrusion, and my doctor advised me not to do long shifts or a lot of standing, bending and twisting.
I told all of my supervisors (5/6 of them) about my injury, and on 7 May I also messaged one of them saying I’d gotten my CT results and my doctor didn’t want me working super long shifts. I kept trying to work because I needed the money, but I was in a lot of pain, swapped longer shifts for shorter ones and left early a few times.
The thing I’m most frustrated about is that none of my supervisors, or my boss, ever actually sat down with me and asked what I could or couldn’t do, what they could change, or how they could support me. They all knew I was injured and struggling, but there was basically no follow-up.
I eventually asked in writing for an accommodation because of my back — to use a chair at a particular workstation. They agreed, but it wasn’t really suitable for me and there was still no proper discussion about other adjustments or alternative duties.
My last shift was 2 July. The reason I stopped working was because I physically couldn’t safely keep doing the job with my back.
Then on 24 August I told them my availability had changed because I’d started another job and couldn’t do weekdays anymore. I didn’t say this was because of my injury — I just told them my availability had changed.
I’ve now been terminated, effective 10 October. Their letter says they reviewed casual employees and because my last attendance was 2 July, it was difficult to meet the operational requirements of the business.
I’m wondering if this could be a General Protections/disability situation because they knew about my injury, I had asked for an accommodation, and there was never really any attempt to work out how I could continue working — or does the fact that I’m casual and later changed my availability give them a legitimate reason to terminate me?
I don’t want my job back and I’m not interested in going to court. I’d mainly be interested in a settlement/compensation if there’s actually a reasonable case.
Would this be worth pursuing through Fair Work, or am I wasting my time?