Posts: termination of employment

For an employee to have access to the unfair dismissal jurisdiction, the Fair Work Commission must be satisfied that the employee was “dismissed” from their employment within the meaning of section 386(1) of the Fair Work Act 2009 (Cth).

Where there are concerns about an employee’s capacity to work, it is prudent for employers to obtain medical advice confirming whether the employee can safely perform the inherent requirements of their role. This may include requiring the employee to undergo an independent medical examination.