Ferry worker terminated due to DVT complications

A worker for RiverCity Ferries in Brisbane was dismissed for extended absence and a return-to-work contingent on the success of a surgical procedure.

After being diagnosed with deep vein thrombosis (DVT) in 2012, a customer service operator with RiverCity Ferries was terminated by their employer on 1 July 2025 for being medically unfit to work.

In his 5 March 2026 decision, Fair Work commissioner Chris Simpson determined that the worker’s dismissal was valid because medical evidence fell short of clearly indicating that they would be fit to return to their full duties in the foreseeable future – their return contingent on the success of their surgery scheduled for November 2025.

The worker began working on river ferries in Brisbane in June 2008 and commenced employment for RiverCity Ferries as a customer service operator in November 2020, working a full-time roster basis.

The worker developed DVT in their left calf in 2012, learning that they had a gene called Factor V Leiden – associated with a higher risk of blood clotting – and was prescribed anticoagulant medication.

For the next 12 years, the worker did not experience any further associated health issues until they began suffering from recurrent superficial thrombophlebitis (RST) – a blood clot in the superficial veins under the skin – in April 2024.

The worker said the RST did not significantly impact their ability to work until August 2024, from which they took numerous days off, used all their accrued leave, personal leave, and some unpaid leave.

On 6 April 2025, the worker was hospitalised for two days due to DVT complications.

In the 12 months leading up to 15 April 2025, the commission found that the worker was absent from work on paid and unpaid leave for 114 days.

With support from a union representative at the Maritime Union of Australia (MUA), the worker suggested to their employer that they work partial duties of reduced hours per shift, a request rejected by their employer, who cited significant impacts on other employees who would need to fill in the gaps of their full-time roster hours.

The worker received two show-cause letters on 29 April 2025 and 25 June 2025, both of which they responded to, before being terminated on 1 July 2025 based on their incapacity – with their employer stating that it could not “modify [their] duties to accommodate [their] medical limitations … due to the nature of the ferry business”.

Commissioner Simpson found that the worker’s medical reports supported a conclusion that they could not perform the inherent requirements of their role at the time of termination.

Hence, the commission ruled that the employer had a valid reason to terminate the worker’s employment because they were unable to perform their role due to health, rejecting the unfair dismissal application.