Log in or become a subscriber

It was reasonable to direct an absent employee to attend a "tie-breaker" IME, and "unfortunate" that his refusal made his dismissal valid; the Fair Work Commission has ruled.

In circumstances where two previous IME reports were "diametrically opposed", the employer's direction "clearly had an evident and intelligible justification", Deputy President Tony Saunders said.

In December last year, Mt Arthur Coal sacked the maintenance technician for failing to follow a lawful and reasonable direction to attend an independent medical examination (IME), and for being unable to perform the inherent requirements of his role.

The employee subsequently claimed his dismissal was harsh, unjust and unreasonable...