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An employee was sacked for repeatedly refusing to attend an assessment prior to returning to work after a year's leave, not because he complained about his employer's "unreasonable demands", a court has ruled.

In October 2019, the Aldi Stores truck driver sought workers' compensation for anxiety and depression caused by work-related stress and bullying, and was certified as having no capacity for employment. A few months later his GP certified him fit for work, but an attempt to return proved unsuccessful – he was "clearly" uncomfortable being back – and he regressed to having no capacity.

About a year later, the employee gave the employer a certificate of full capacity and submitted reports from his treating psychologist and psychiatrist that stated he no longer suffered from his previous condition.

The employer subsequently asked him to attend an occupational therapist for a psychological assessment, but he declined...