Manager's harsh response to sick leave sparks heated unfair dismissal dispute
28 May 2025
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The Fair Work Commission (FWC) recently dealt with an unfair dismissal application involving a worker who was terminated while absent from work due to a back injury. The case raised fundamental questions about an employer's right to dismiss workers during periods of illness-related absence.
The worker argued that his dismissal was unfair because he was terminated simply for taking legitimate sick leave supported by medical certificates.
He contended that the employer's stated reasons for dismissal, such as poor performance and unauthorised absences, were fabricated after the fact to justify what was essentially a dismissal based on temporary illness.
The worker maintained that he had provided proper medical documentation and followed correct procedures when reporting his inability to work.
The employer defended the dismissal by arguing it was based on a pattern of unauthorised absences and ongoing performance issues.
The worker had been employed at a smash repair business as a panel beater from October 2023 until his dismissal in October 2024.
The business had 18 employees, making it a non-small business under the Fair Work Act 2009, which meant the worker only needed six months' employment to access unfair dismissal protections.
The worker's annual salary was $141,482.59 plus superannuation, and his employment was covered by...
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