What happens when a simple admin request following injury leave changes everything?
01 May 2025
Share
The Fair Work Commission (FWC) recently dealt with a jurisdictional objection in a general protections application involving a worker who claimed unfair dismissal following a workplace injury and subsequent absence.
The worker argued he was dismissed by his employer while recovering from a work-related accident, contending the dismissal occurred when his employer sent a letter assuming he no longer wished to continue his employment. He maintained he had been given until a specific date to respond about his return to work intentions.
At issue was whether the employer's letter constituted a dismissal, or if the worker's request for a Separation Certificate in response to that letter amounted to a voluntary resignation.
The worker sustained an injury on 22 April 2024 when he fell off a ladder at a plastering business. He immediately texted the general manager: "I have booked a doc appointment for a potential chiropractic consultation for 3.40pm as I have fallen off the trestle at my first job."
Later that day, the worker updated that his doctor recommended a day off work and possible CT scan. The general manager responded with "Okay no worries just let me know how you are feeling tomorrow."
A week later, the worker lodged a WorkCover claim and engaged lawyers for a common law workers' compensation claim. This began a period of...
Business The Managing Director of PWAN Plus Business Concerns Ltd, Prof. Julius Oyedemi has refuted allegations made by social media influencer, Scott Iguma, over the ownership and allocation of la...