Vic: Doctor's wrongful dismissal claim dismissed

AAP General News (Australia)
04-23-2004
Vic: Doctor's wrongful dismissal claim dismissed

MELBOURNE, April 23 AAP - The Federal Court has dismissed a claim by a vision impaired
doctor of wrongful dismissal.

Dr Graham John Fetherston was dismissed from his position of deputy director of the
Intensive Care Unit at the Frankston Hospital in March 2001 after concerns his failing
eyesight impeded his ability to perform his duties.

Dr Fetherston suffered diabetes-related visual impairment since childhood and in 2000
he had his driver's licence suspended after his eyesight had further deteriorated.

Fellow medical and nursing staff expressed concerns about his ability to perform his
duties and his employer, Peninsula Health, asked him to undergo an examination by an independent
eye specialist.

He did so but refused to provide the report to his superiors and as a result had his
contract terminated and was given three months' salary in lieu of notice.

Dr Fetherston claimed Peninsula Health had contravened the Disability Act when it terminated
his employment at the Frankston Hospital in March 2001.

But in a ruling handed down in the Federal Court in Melbourne today the matter was dismissed.

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KEYWORD: FETHERSTON

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