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An employee's attempts to delay a final decision about her dismissal by refusing to sign medical authorisations "resulted in the opposite of its desired effect", the Fair Work Commission has found in unfair dismissal proceedings.
Rejecting her argument that she technically didn't refuse to attend an independent medical examination (IME), Commissioner Stephen Crawford said the employee had nonetheless failed to follow her employer's lawful direction.
"[The employee's] refusal to sign authorisations for [the employer] to be sent the medical report and for the independent doctor to access medical information about [her] injury meant that the appointment could not realistically proceed," he said.
Amazon Commercial Services Pty Ltd dismissed the delivery station associate last December, after she failed to attend an IME and a subsequent show-cause meeting.
The Commission heard she had suffered a work-related injury in June 2024, and the employer provided her with restricted duties for the next 12 months...
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