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Employer acted prematurely in sacking employee for refusing new role

It was "premature" to sack an employee for failing to attend work, when just days earlier he was corresponding with the employer about his return, the Fair Work Commission has found.

Even if it had thought the employee "abandoned" his employment, the employer dismissed him without notice or making any enquiries about his intentions, Commissioner Benjamin Redford said.

The specialist case manager had worked for healthcare provider Arbias Limited since September 2019.

In February this year, the employer advised it was moving him to a less complex disability support worker role, due to concerns about discrepancies between his billing activity and work activity.

The employee responded negatively to the news, and was stood down without pay...

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