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Even though an employer didn't proactively seek medical information about an absent employee, it wasn't unfair to dismiss him on the basis of incapacity, the Fair Work Commission has ruled.

"While I accept [the employer] could have proactively sought further medical information, it was not obliged to in circumstances where it had asked [the employee] to provide any such information," Commissioner Benjamin Redford found.

The employee began working as an account manager for Nuvei Australia Merchant Services in September 2022. At that time, he informed a senior manager that he had suffered burnout during his previous employment, and had dealt with mental health challenges.

In July 2023, the employee moved into a more high-pressure account executive role. His mental health then began to deteriorate, and he took about 68 hours of personal leave during the rest of that year...