Australian Woman Fired After 114 Days of Sick Leave: Tribunal Upholds Employer’s Decision.

Fair Work Australia: The Case of Jodie Downes

According to TSN.ua: Australia’s Fair Work Commission has backed the dismissal of Jodie Downes, a Brisbane CityCat ferry employee who took 114 days of sick leave in one year due to serious health issues. Downes worked for the ferry service operated by Kelsian Group, and her termination became the subject of a Commission review.

In July 2022, Jodie Downes was let go for failing to perform her duties because of prolonged illnesses. In April 2024, she was diagnosed with deep vein thrombosis, which triggered her frequent sick leave. Over the following months, in November 2024, surgery was recommended, but her insurance company refused to cover the medical costs. In April 2025, Downes was hospitalized again for thrombosis, highlighting the ongoing nature of her health struggles.

The Commission’s Ruling

In June 2025, Downes underwent an independent medical examination, the results of which played a key role in the case. The Fair Work Commission ruled in favor of the employer, stating that

“the medical report provided in June does not constitute sufficient evidence that the employee will be able to fully return to her duties in the near future,”

As a result, the dismissal of Jodie Downes confirms that employers have the right to protect their interests when workers cannot fulfill their responsibilities due to long-term health problems.

This case underscores the need to balance employee rights with employer interests, especially regarding chronic illnesses that can impact job performance. The Commission’s decision may spark discussions on how companies can better support workers facing serious medical conditions to prevent similar situations in the future.