Fired miner takes case to Federal Court

A MAN BHP fired for not attending doctor appointments to prove he was fit for work after an injury-related absence is taking his case to the Federal Court.

BHP fired Darrin James Grant, a Peak Downs coal mine employee, after he twice failed to attend doctor appointments BHP made to ensure he was fit for work.

Mr Grant had been off work with a shoulder injury for more than a year, but BHP said the medical certificate he provided did not have enough information on his fitness to return to work.

When he failed to attend two appointments BHP had booked with a doctor, he was fired.

Mr Grant claimed he was unfairly dismissed but in May the Fair Work Commission found BHP had acted lawfully and BHP's requests were lawful and reasonable.

He took the matter to the Federal Court of Australia where it was mentioned in Brisbane on Wednesday.

The court heard Mr Grant claimed the man who asked him to go to the doctor was not his supervisor.

Justice Berna Collier said it was an issue which should have been raised at the Fair Work Commission and not before the Federal Court.

She suggested the matter return to the commission before being sent to a full court hearing.

However, the lawyers agreed to make joint submissions on the matter within a week to attempt to resolve it.