Brisbane Ferry Worker Loses Unfair Dismissal Case After 114 Sick Days
A long-serving Brisbane CityCat ferry worker has lost her legal battle for compensation after being dismissed for taking more than 100 sick days in a single year. Jodie Daunis, who had worked as a customer service operator on Brisbane's iconic CityCat ferries since 2008, was terminated in July 2025 following repeated medical absences that left the operator unable to roster her reliably.
Medical Conditions and Court Arguments
Daunis took her case to the Fair Work Commission, arguing that she suffered from long-term health issues including deep vein thrombosis and a genetic clotting disorder. The court heard that Daunis first developed DVT in 2012, but in April 2024 she experienced recurrent superficial thrombophlebitis, which causes blood clots in veins under the skin.
Her doctor advised taking 12 weeks off to fully recover. "I tried taking a day off and coming back. Dr Hagley wanted me to have three months off to fully heal the clots," Daunis told the commission during proceedings.
She had hoped that lighter duties or staged shifts could allow her to return safely, particularly while waiting for a planned surgical procedure. Her union, the Maritime Union of Australia, supported this position, arguing that reasonable adjustments could have facilitated her safe return to duties.
Employer's Position and Commission Ruling
However, Rivercity Ferries, operated under ASX-listed Kelsian Group, argued that temporary adjustments were not feasible. General Manager Paul Rigby told the Commission that full-time staff were rostered for long shifts standing on vessels, and shorter or modified shifts would have disrupted operations significantly.
"Full-time staff are allocated a roster line ... bringing more people into that roster line is impractical and would require the employment of additional casual employees at additional costs," Rigby explained to the Commission.
The Commission reviewed extensive medical evidence, including reports from independent specialists, and found there was no conclusive proof Daunis could return to full duties in the foreseeable future. In the 12 months leading up to April 2025, Daunis had been absent for 114 days due to her illness.
Commissioner's Decision and Aftermath
Commissioner Simpson ultimately ruled that the dismissal was not unfair. "When all of the considerations are taken into account ... the dismissal was not harsh, unjust or unreasonable and therefore not unfair," Simpson stated in the decision.
The Commissioner added, "I accept, taking into account the nature of the working arrangements, and the impact on other staff, and cost to the respondent (Kelsian Group) in making accommodations as proposed for Ms Daunis that they are not practical or reasonable in this case and that there was no reasonable adjustment that could have been made to Ms Daunis role to accommodate her current or future incapacity given the nature of her role."
Daunis received notice pay and a further week's pay in lieu of notice following her termination. Interestingly, post-termination medical reports indicated she has since been cleared to return to full duties.
The Maritime Union of Australia declined to comment on the case outcome, while Kelsian Group did not respond to requests for a statement regarding the Commission's decision.
