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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...
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