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"Clumsy" disciplinary meeting caused compensable psych injury

It was not just "clumsy or unprofessional" but also unreasonable to suspend an employee "out of the blue", a tribunal has found in awarding compensation for a psychological injury.

In 2018 and 2019, the Linfox Australia driver, who was also a union delegate and health safety representative, raised multiple safety and industrial issues with his employer. These included concerns about the introduction of telematic technology that would record drivers in their vehicles; the removal of certain payments; and a controversial new policy. He also refused to initial a toolbox meeting form because he didn't want to indicate agreement to some of the changes proposed by management.

In December 2019, the employee was present at a meeting where those rostered to work voted to strike. He wasn't rostered on at the time and didn't participate in the vote, but said he felt sick and stressed afterwards. He later saw his GP and was given a medical certificate for several days' leave.

Upon the employee's return, a manager and a workplace relations advisor said he'd been stood down, giving the reason of "past performance". He was later dismissed, but in January 2021 the Fair Work Commission ordered reinstatement...

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