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Sacked absent worker cleared to pursue general protections claim

An employee has been granted an extension of time to make a general protections claim, after the Fair Work Commission found his dismissal while on sick leave could have been prompted by his bullying complaint against a manager.

Employed in August last year by labour hire company Procloz, the agency partner manager was placed with a client to perform work for a business called TapCart, as its only Australian representative.

Two months later, Procloz informed the employee he was being sacked because TapCart, which was based in the United States, planned to manage its Australian business remotely.

The employee subsequently made a general protections application, claiming he was dismissed for making a workplace complaint and then taking sick leave, but Procloz objected on the basis the application was made eight days out of time.

In extension-of-time proceedings, the employee claimed the reason for the delay was because he was on stress leave...

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