A tribunal ruled in favor of a company after they fired an employee after she took over 100 sick days in year.
Many people try to push through a cold or a minor illness and still show up to work, hoping it passes.
It’s not ideal, but not everyone can take time off without it affecting their role or their employer’s operations.
Some health problems, though, make working impossible — which was at the centre of a case involving Brisbane ferry worker Jodie Daunis.
Daunis, a long-term Brisbane CityCat employee, was dismissed after taking more than 100 sick days across a 12-month period due to significant medical issues.
She had worked for years as a customer service operator on Brisbane’s ferry network before being terminated in July last year by transport operator Kelsian Group.
The company determined that her ongoing conditions meant she could not consistently meet the requirements of the role on the river, and a workplace tribunal has now supported that position.
Her health reportedly deteriorated from around April 2024 after she developed deep vein thrombosis, followed by recurring blood clots that caused inflammation and ongoing pain.
Although she was referred for surgery in November that year, she was placed on the public waiting list after her insurer declined to fund the procedure.
In April 2025, she was hospitalised with DVT and spent roughly a week away from work.
She tried to return, but the Fair Work Commission heard she completed only two shifts before pain stopped her from being able to continue her duties.
Daunis later advised the company that both a vascular surgeon and a blood specialist had recommended she remain off work for the following three months.
An independent medical examination was carried out in June, but its findings became a point of contention between Daunis and her employer.
Daunis and the Maritime Union of Australia maintained the assessment suggested she could resume work after her planned surgery, while the company argued the report showed she was not able to perform the essential parts of the job.
After she challenged her dismissal, the Fair Work Commission ultimately found in the employer’s favour.
Commissioner Chris Simpson said the June medical report “fell well short” of establishing that Daunis would be fit to return to all duties in the near future.
He said: “I do not accept that the (independent medical examination) report conclusively determined that Ms Daunis could fulfil the inherent requirements of her role in the future. I am satisfied that the evidence does not support such a conclusion.”