Employee Terminated After Taking 114 Sick Days Over One Year

A long-serving worker from an Australian ferry service was terminated from her position after a tribunal upheld her employer's decision to dismiss her for frequent absences over the past year.

Jodie Daunis, who had been a customer service operator for the Kelsian Group on Brisbane's ferries, received her dismissal notice in July of last year.

Documents from the tribunal reveal that Daunis had recorded a staggering 114 sick days within a single year.

The company's conclusion was that her ongoing health problems rendered her unable to reliably fulfill her job responsibilities.

Daunis's health issues began to worsen around April 2024, when she developed deep vein thrombosis, leading to recurrent blood clots that caused inflammation and ongoing pain.

In November of that year, doctors recommended surgery, but Daunis had to be placed on a waiting list at a public hospital after her insurance declined to cover the operation.

On April 6, 2025, she was hospitalized due to DVT and was away from work for approximately a week.

Upon her return, Daunis was able to work only two shifts before pain made it difficult for her to continue, as reported to the Fair Work Commission.

Later that month, she informed the company's human resources manager that both a vascular surgeon and a hematologist had recommended she refrain from working for the next three months.

In June, Daunis underwent an independent medical examination, but the interpretation of that report sparked significant contention.

Daunis and the Maritime Union of Australia contended that the assessment indicated she could return to work after her scheduled surgery. Conversely, Kelsian interpreted the findings as evidence that she was unfit to perform her ferry duties.

The company further argued that allowing Daunis to work fewer hours would disrupt employee rosters, requiring other staff to cover her absence.

By July 1, Kelsian made the decision to terminate Daunis's employment, asserting that it was unable to adjust her role given her medical limitations.

Daunis contested the dismissal, but the Fair Work Commission ultimately sided with her employer.

Commissioner Chris Simpson stated that the June medical report did not convincingly demonstrate that Daunis could return to her full duties in the near future.

“I do not accept that the independent medical examination report conclusively determined Ms Daunis could fulfill the inherent requirements of her role in the future. The evidence does not support such a conclusion,” he noted.

Simpson also agreed with the employer's position that adjusting work hours was unfeasible given the rostering system in place.

“Considering the nature of the working arrangements, the impact on other staff, and the costs likely incurred by the Kelsian Group in attempting what was proposed for Ms Daunis, it is clear that no reasonable accommodation could be made to her role in light of her current or anticipated incapacity,” he concluded.