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Summary dismissal upheld as fair for employee who refused lawful direction

Requesting medical information about an absent employee was lawful and reasonable under his contract, and his refusal to grant access warranted summary dismissal, the Fair Work Commission has ruled.

Commissioner Chris Simpson rejected the employee's argument that the request breached the Privacy Act, noting the employer had outlined the exact questions it sought answers to, and they were confined to matters relevant to his employment.

The senior relationship manager was dismissed from his role with Firefly Lighting on 10 December 2024.

The employer alleged he'd engaged in serious misconduct, in failing to comply with its lawful and reasonable direction to grant access to information from his GP...

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