University Lecturer Loses Fair Work Battle Over Fabricated Disability Claim

A senior university academic's bid to work from home 900 kilometers away from her campus has been unsuccessful after she failed to convince the Fair Work Commission that her claimed disability necessitated the arrangement. Dr. Anna Kokavec, a senior lecturer in medical education at James Cook University's (JCU) Townsville campus, sought a Fair Work order to allow her to work remotely from her home on Queensland's Sunshine Coast for one year, with reviews every three months.

Dr. Kokavec initially requested the remote working arrangement in October 2024, citing 'physical and mental health symptoms (associated with burnout)' and a diagnosis of a cognitive disorder. She stated that working remotely would also enable her to access support from her family. In her request, she wrote that several work-related issues from the previous year had triggered her disability conditions, and that physically attending the workplace would exacerbate her symptoms.

James Cook University declined the request, asserting that her role, which involved student interaction, required her presence on campus for face-to-face consultations and workshops. The university offered a compromise: a six-month trial of remote work for 40 percent of her role, with the remaining 60 percent of the student-facing component to be recruited externally. Dr. Kokavec declined this offer.

She subsequently provided a medical certificate stating she was medically fit to perform all duties from home and that attending the workplace would be detrimental to her mental health, particularly in situations involving conflict. During a Fair Work hearing in May, Dr. Kokavec stated she had been diagnosed with Post Traumatic Stress Disorder, an adjustment disorder, and fibromyalgia.

When questioned about her assertion of a cognitive disorder, Dr. Kokavec explained to the Commission that she used the wording to emphasize her inability to perform her role on campus. She clarified that the term was not a diagnosis but rather a way to highlight that working on campus would create cognitive impairment, such as an inability to think or remember, and would be distressing. She acknowledged she was not qualified to provide a diagnosis.

In her judgment, Deputy President Terri Butler found that the evidence did not establish that Dr. Kokavec had a cognitive disorder when she made her work from home request. Butler noted that the Subject Request cited a disorder the applicant conceded she did not have. The Deputy President further stated that the request did not describe specific symptoms or manifestations affecting Dr. Kokavec as a consequence of any disorder she actually had, nor did it clearly articulate how the requested arrangement related to any of her symptoms or conditions.

Dr. Kokavec's application was ultimately dismissed. The Daily Mail has contacted Dr. Kokavec for comment.