Identifying a worker's fitness to perform a job can be difficult for employers and employees alike, an employment lawyer says.

As former Justice Minister Kiri Allan announced today she will not stand for re-election following charges related to a Sunday night crash, questions have arisen if the Labour MP was hasty in her return to Parliament, or if Prime Minister Chris Hipkins made a fair judgement in bringing her back so soon.

When announcing Allan's return to work after taking several weeks to focus on her well-being, Hipkins said she "has had a rough time lately, both personally and at work".

University of Auckland law scholar Mark Henaghan, who has known Allan for many years, told Breakfast yesterday that she has "gone through a lot".

Prior to her crash — less than a week after her return to work — Allan had already spent the last few years embattled with undisclosed mental health struggles, stage three cervical cancer and allegations of her mistreating staff.

Alison Maelzer, a partner of the employment law team at Hesketh Henry, told 1News that in terms of assessing a worker's fitness, an employer would typically have to accept what an employee tells them at face value.

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"Generally [as an employer], you are entitled to and probably have to assume that your employee is telling you the truth....

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