Log in or become a subscriber

This content requires HR Daily Premium membership. Log in below or sign up here.

Absent employee's dismissal upheld after "determined and spiteful campaign"

An "incredibly patient" employer's dismissal of an absent worker has been upheld as fair, after she repeatedly failed to attend independent medical examinations despite receiving disciplinary warnings.

The matter had been pursued by the Gadens Lawyers legal secretary for "an extraordinary period of time", said Fair Work Commission Deputy President Nicholas Lake, given she had not attended work since June 2017.

Starting in early 2018 the employer sent multiple requests for her to attend an IME, but she often didn't respond or failed to attend.

In July 2018 she did attend an exam, but it wasn't completed as she refused to provide consent for the doctor to discuss or release her diagnosis...

Having trouble using your subscription? Contact us for help or check our FAQ page here for answers to commonly asked questions.

HR Daily Premium membership

Join here to stay informed

HR Daily Premium members are Australia's best-informed HR leaders and practitioners when it comes to HR news, thought leadership, legal compliance and emerging trends. Unlock premium membership to receive:

Full access to our news library Breaking news updates each day Complimentary passes to all webinars Webcasts streaming on demand Q&A sessions on hot topics And much more