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A long-serving employee who was wrongly certified fit for safety critical duties because of his dishonesty during a medical assessment has lost his unfair dismissal claim.

In July last year, the Yarra Trams driver became suddenly unwell at work and was later admitted to hospital, where he was told he had suffered a stroke. He was discharged three days later and certified as unfit for duties for four weeks.

At the end of that period, the employee told the employer he could recommence work. Around the same time he was directed to attend a 'triggered health assessment' with a rail safety accredited doctor; however the usual process for organising this wasn't followed, which resulted in the employee working three shifts prior to his appointment.

During the assessment, the employee didn't inform the doctor that he had suffered a stroke – but did consent to the doctor obtaining his hospital records...