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Workplace Tribunal Rules in Favor of Transport Company Kelsian Group

Background

Jodie Daunis, a customer service operator for Kelsian Group's ferry network in Brisbane, had her employment terminated in July 2025 due to excessive sick leave. The decision was later reviewed by the Fair Work Commission, which supported the employer's position.

Medical Issues

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Daunis' health problems began to worsen in April 2024 when she developed deep vein thrombosis. The condition led to recurring blood clots, causing inflammation and ongoing pain. Medical specialists referred her for surgery in November 2024, but the procedure was delayed due to insurance issues. Her condition deteriorated further, requiring hospitalization in April 2025.

Employment Dispute

Daunis attempted to return to work after leaving hospital but managed to complete only two shifts before the pain made it difficult for her to continue performing her duties. She informed her employer that both a vascular surgeon and a blood specialist had advised her to remain away from work for three months. An independent medical examination was arranged in June 2025, which became a key point of disagreement between the parties.

Fair Work Commission Ruling

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The Fair Work Commission concluded that Kelsian Group's interpretation of the medical assessment was justified. The commission's ruling stated that the medical opinion "fell well short" of establishing that Daunis would be capable of returning to her duties in the foreseeable future. The decision upheld the company's move to terminate her employment.

Key Figures

  • Jodie Daunis: Customer service operator
  • Kelsian Group: Transport operator
  • Chris Simpson: Fair Work Commission member
  • April 2024: Daunis developed deep vein thrombosis
  • November 2024: Medical specialists referred Daunis for surgery
  • April 2025: Daunis was hospitalized due to deep vein thrombosis
  • June 2025: Independent medical examination was arranged
  • July 2025: Daunis' employment was terminated

Investor Takeaway

Employers may terminate employment due to prolonged sick leave, even with serious medical conditions.

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