FWC weighs competing claims over prolonged medical leave and return-to-work processes
The Fair Work Commission (FWC) recently dealt with an unfair dismissal claim involving a worker who had been absent from her job for over two years due to medical issues.
The worker sought reinstatement to her former position, arguing that her dismissal was harsh, unjust, and unreasonable after such an extended period of medical leave.
The worker argued that she was prepared to provide the medical information her employer requested but was prevented from doing so due to financial constraints and communication difficulties.
She stated that there were periods when she did not have access to email or a convenient mailing address, suggesting that not all of her employer's correspondence reached her during her absence.
The worker had been employed with a major supermarket chain from March 2017 until September 2024, working as a delicatessen manager and later as a bakery manager.
Her employment took a turn in January 2021 when she was transferred between stores and raised concerns about food handling practices, leading to stress leave.
The situation developed in January and February 2022 when the worker experienced seizures at work. She started a period of leave in February 2022 that continued until her dismissal in September 2024.
During 2022, the worker made allegations against a store manager that were investigated and found to be unsubstantiated.
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