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In a decision likely to gain more attention due to the novel facts than its legal principles, The Federal Magistrates Court has ordered the reinstatement of an employee who was terminated on the basis that the employer did not accept the veracity of the medical vouchers provided. bear in mind, The case represents large role warning to employers about how they must be in order to accept that an employee is medically unfit to work.
the decision on 19 November 2012 by Federal Magistrate Whelan, Marshall v earth of Australia (has a lawyer by the Bureau of Meteorology) [2012] FMCA 1052, Involved an application by the applicant, Adam Marshall (you), Under the protection provisions of isabel marant sneakers the jordan 11 bred Fair Work Act 2009 (FW move).
a criminal record, Who was engaged as a weather observer considering the Bureau of Meteorology, Alleged that the cancelling of his employment by the employer contravened section 340(1) together with FW Act, As it constituted adverse action by the employer because he had exercised his workplace right to take sick leave as per an enterprise agreement, based on a diagnosed adjustment disorder.
The employer rejected this allegation, And argued that the applicant was not medically unfit, Or that he had not included medical evidence, As all at once he had advised the employer he could not attend work for normal duties, His treating doctors had certified him as fit to attend the auditions of the reality tv series Beauty and the Geek.
The seemingly unclear position, Which included untrue statements from the Applicant to the tv program that he had a bill of health was explained by the Applicant doctor on the basis that on the show wouldn necessarily trigger or aggravate those symptoms and that environment of the and the Geek would have been quite different and possibly could have been beneficial arguing that the Applicant was not medically unfit, Or had provided enough medical evidence, The employer relied on it in Anderson v Crown Melbourne Ltd [2008] FMCA 152 (Anderson), Where the Court disregarded the medical evidence that was supplied by an employee, As it appeared that the evidence was a and simply obtained to allow the employee to journey to Perth to watch a football game.
in the present case, The Court known Anderson as being particular to its own air jordans for sale facts, As it involved a calculated attempt to deceive the employer that boss was medically unfit, When this was not the case.
The Court accepted as jordans for sale truthful and reliable the evidence of criminal background doctor that the applicant could be not fit for normal duties, But fit to audition jordan for sale for the tv program, And did not accept the employer assertion that a criminal record deliberately manipulated his treating doctors into providing their diagnosis. On this point, The Court remarked that is simple enough, also, To see why he was reckoned to be a suitable candidate for and the Geek the finding that adverse action was taken in breach of section 340, The Court ordered that you be reinstated to his position (without worrying about loss of pay), As there had been no other performance issues or reasons why he would not be able to continue in his role.
originality aside, The case presents a reminder to employers that establishing that medical certificates are a remains very hard, but also, Despite what they may privately believe about the of certificates, It will only be in extenuating circumstances that a Court will anticipate to past the evidence of a medical practitioner who certifies that an employee is unfit.
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