Log in or become a subscriber

An employer's decision to sack an employee who refused to attend independent medical examinations was valid, but characterising her behaviour as serious misconduct was harsh in the circumstances, according to the Fair Work Commission.

"While failing to comply with a lawful and reasonable direction certainly can be serious misconduct, this is not always the case," Commissioner Susie Allison said.

In unfair dismissal proceedings, she heard the Kildare Education Ministries teacher injured her knee in a fall at Killester College Springvale, in May 2024.

She took the remainder of the school term off to recover, providing a medical certificate in July which stated she could return to work on modified duties...