Log in or become a subscriber

This content requires HR Daily Premium membership. Log in below or sign up here.

'Temporary absence' threshold not a green light for dismissals: FWC

Employers shouldn't proceed towards dismissal as if "all bets are off" once an employee has exceeded the Fair Work Act's temporary absence threshold, the Fair Work Commission has warned.

Particularly when the circumstances involve serious and long-term illnesses, "employers should always be cautious in deciding whether it is appropriate to dismiss the employee", Deputy President Nicholas Lake said.

The case involved an SRG Global Assets radiography and non-destructive testing technician.

From January 2024, the employee went on personal leave and provided the employer with medical certificates. That year, he was diagnosed with avascular necrosis (AVN) of the left femoral head; he started receiving income protection, which was to be reviewed every three months...

Log in or become a subscriber
Subscriber login

Having trouble using your subscription? Contact us for help or check our FAQ page here for answers to commonly asked questions.

HR Daily Premium membership

Sign up now for all the benefits of HR Daily Premium membership.

Join here to stay informed

HR Daily Premium members are Australia's best-informed HR leaders and practitioners when it comes to HR news, thought leadership, legal compliance and emerging trends. Unlock premium membership to receive:

Full access to our news library Breaking news updates each day Complimentary passes to all webinars Webcasts streaming on demand Q&A sessions on hot topics And much more