The appellant, who worked for the respondent first as a Special Needs Education Assistant and then as a School Officer was dismissed from her role when the respondent determined that the appellant was unable to fulfill the inherent requirements of the position.

Following a disciplinary investigation into allegations of misconduct that resulted in disciplinary action, the appellant was transferred to a different location, where concerns about her absenteeism from work were raised. As a result, the respondent proposed to dismiss her, and then terminated her employment with four weeks’ pay in lieu of notice.

The appellant contended that her dismissal was unfair on the grounds that her absences were due to legitimate reasons and that dismissal was unfair given her length of service and employment history. The Appeal Board reviewed the dismissal de novo, considering the evidence presented and the respondent's decision.

The Appeal Board found that the appellant’s inability to maintain regular attendance rendered her unable to fulfill the inherent requirements of her role. The Appeal Board also considered her past disciplinary history and the impact of her absences on the respondent's operations, and upheld her dismissal, dismissing the appeal.

The decision can be read here.