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Federal Court confirms employers' implied right to obtain a medical report regarding an ill employee
The recent Federal Court decision of AIPA v Qantas [2014] FCA 32 confirms an employer has an implied right at law to obtain medical information about an employee's ability to undertake their duties. Background The employee, engaged as a pilot, submitted a medical certificate stating he was suffering from clinical depression and certifying him unfit for work for 3 months. The employee subsequently submitted a further medical certificate which provided little or no information stating that he suffered from a "medical condition" and would be unfit for work for a further 3 months. On four occasions, Qantas requested the employee obtain a medical report from his treating medical practitioner indicating his diagnosis, prognosis, capacity to return to pre-injury duties and the anticipated time frame. Qantas also requested the employee attend a meeting regarding the matter. The employee failed to comply with the requests. Qantas advised the employee that fail...
8 May 2014The new anti-bullying jurisdiction - first quarter results
The Fair Work Commission (the Commission) has released its first quarterly report on its new anti-bullying jurisdiction which includes interesting statistical information. For the period 1 January 2014 to 31 March 2014, the Commission received a total of 151 anti-bullying applications. Of those applications, 56 applications have been finalised with the following results: 23 applications withdrawn early in the case management process and prior to substantive proceedings; 5 applications withdrawn prior to a conference or hearing; 16 applications resolved in a conference, hearing, mention or mediation; 4 applications withdrawn after a conference or hearing but before a decision; and a decision issued in 8 applications. The majority of applications were made by employees, with only a small handful being made by labour hire employees and contractors. An apprentice and volunteer each made an application. Diagram 1 b...
29 April 2014No advocates in termination meetings! No constructive dismissal and no procedural unfairness!
A recent decision of the Full Bench of the Fair Work Commission has confirmed the approach to constructive dismissal and the role of a support person in meetings regarding termination of employment. Background The employee, Ms de Laps was employed by the Victorian Association for the Teaching of English Inc (VATE) since 2004, as its Executive Officer. Ms de Laps was absent from work during July 2012 due to stress and anxiety and returned to work in August 2012. It was alleged by Ms de Laps that following her return to work, during the period August 2012 to December 2012 VATE acted in a hostile manner towards Ms de Laps. On 10 December 2012, VATE wrote to Ms de Laps inviting her to attend a meeting on 12 December 2012 to discuss her performance and conduct. Ms de Laps was invited to bring a support person and it was noted in the correspondence that "The support person is not to act as your advocate and should not speak on your behalf." On 11 December 201...
2 April 2014