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IME-based dismissals risky, even with 'permanent' incapacity

Even when an IME suggests an employee permanently can't perform the inherent requirements of their job, it's best not to assume it's safe to dismiss them, a lawyer says.

It's very rare for an IME report to clearly state that an employee can't work at all, now or any time in the future, Mallesons senior consultant Brett Feltham says, in a recent HR Daily Premium webcast.

"And when I say not fit to work, I mean, not only in their pre-existing role, but also with any reasonable adjustment," Feltham explains.

Further, even if an employer believes it's explored all reasonable adjustment opportunities, it should always consider reasonable options that an employee proposes...

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