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Labour supplier entitled to require medical "clearance", not just certificate

An on-hire worker who suffered from back pain due to her "big boobs" has failed to convince the Fair Work Commission she should have been allowed to return to her physically demanding assignment after being certified "fit for normal duties".

In general protections proceedings, the Men at Work Labour Hire employee claimed she had been sacked in September last year, but the employer objected on the basis it hadn't dismissed her.

The Commission heard the employee, who had been placed with Suncoast Scaffolding, was certified unfit for work for a week in late August due to COVID-19. During this time, she attended a hospital regarding her back pain, which had been present for two-to-three months...

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