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Genuine concerns about an employee's mental health warranted directing her to undergo an independent medical examination, and her repeated failure to attend provided a lawful and valid reason for her dismissal, a tribunal has ruled.

The permanent part-time swimming instructor with the SA Department of Education made an unfair dismissal application to the South Australian Employment Tribunal. She claimed her termination was harsh and unreasonable, and that the Department had no objective evidence she was unable to fulfill the requirements of her role.

The instructor had worked for the Department since 2015, but starting in 2021, her managers became concerned about her behaviour.

In late 2021, the Department's manager of sport and water safety formally raised concerns with the instructor about: her inability to follow rosters; her failure to properly submit leave applications; and her failure to attend meetings. She also noted the employee was often seen crying at work...