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It was "unrealistic" for an employee to believe he could return to work without attending an independent medical examination, given the employer's "serious" concerns about his mental health, a tribunal has ruled in rejecting his unfair dismissal claim.

The Glenside Hospital registered psychiatric nurse, who had been absent for more than a year, was sacked in June 2024 for serious misconduct, after he failed to comply with the employer's attempts to establish his fitness for work.

The employee subsequently made an unfair dismissal claim in the South Australian Employment Tribunal, arguing the employer's request for him to attend an IME was unreasonable, and therefore its decision to sack him was harsh...