I am not persuaded that that is so. Against this, the respondent pointed to the simple fact that Dr Rae never certified Ms Logan as being fit to return to normal prison officer duties. This article needs additional citations for verification. Many industrial officers are not qualified to work as shift prison officers for example, Mr Kuronen and the trade qualified Group 2 industrial officers.
The relevant officer was Ms Jennifer Wilkes, who gave evidence at the inquiry. It was said that age related degenerative problems in the back affects a significant proportion of the population and so everyone faces various degrees of risks of back problems. McHugh J delivered a separate judgment which is, with respect, also very helpful in understanding the operation of s.
Further, if an employer took no or no adequate steps to see whether employees were able to comply with what it said was an inherent requirement of a position, again the employer's contention would be undermined.