Log in or become a subscriber

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

FWC rejects bid to further delay unfit worker's dismissal case

A medically incapacitated employee's request to adjourn unfair dismissal proceedings has been rejected, with the Fair Work Commission finding any further delay would prejudice the employer and prevent a fair outcome.

Gadens Lawyers Brisbane sacked the employee in September 2018 for failing to attend independent medical examinations on five occasions over the previous three months, and she subsequently claimed unfair dismissal.

The Commission heard the employee had been absent from work for more than a year with health issues, and refused to attend an IME on the basis it wasn't a lawful and reasonable direction, and because her doctor could provide an independent report.

She also refused to give the employer permission to contact her medical team...

Log in or become a subscriber
Subscriber login

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

Sign up now for all the benefits of 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