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Reinstatement stands for 'devoted' employee; Worker loses appeal over PIP

An employer has failed to overturn a reinstatement order for an employee it sacked for disregarding lawful and reasonable directions.

The case involved a St Pius X College Chatswood teacher, who was dismissed in October last year for refusing to comply with directions regarding his fitness for work and compliance with the employer's email policy.

In unfair dismissal proceedings, Deputy President Tony Slevin accepted the employee breached the email policy when using his work email to correspond with external parties about his partner, Keli Lane. (Lane is currently in jail for murdering her infant daughter.)

This constituted a valid dismissal reason, but it wasn't valid to dismiss the employee for failing to provide an "extensive" medical report to prove he was fit for work after taking personal leave, he said...

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