Unfair or warranted? Employer demands uniform return and suggests a different career
The Fair Work Commission (FWC) recently examined a general protections claim involving a casual hospitality worker who argued he was dismissed after providing a medical certificate stating he had tuberculosis and was unfit for work.
The case arose when the worker submitted sick leave documentation and asked whether he could return to work after his recovery period, leading to an email from his employer that he interpreted as termination.
The worker argued he had been dismissed through an email that directed him to return his uniform and badges, recommended he look for different employment in an unrelated industry, and wished him well for his future.
He maintained that despite the employer's claims of no dismissal intent, the communication objectively conveyed termination of his employment relationship.
The employer contested the worker's claim, objecting on the basis that there was no dismissal and conceding that "while the language may have seemed conclusive, there was no intent to terminate the employment."
The company argued that the worker's position in hospitality with close client contact was not suitable given his medical condition and safety concerns for guests.
The employment relationship involved a worker employed as a casual hospitality worker who worked an average of two to three days per week for a hotel company.
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