Failure to attend Medical Appointment Might be Grounds for Dismissal
Monday 28 April 2014 @ 10.50 a.m. | Industrial Law
The Fair Work Commission has upheld BHP Coal’s dismissal of an employee for failing to attend a medical assessment with the company’s chosen specialist.
The dismissed employee had injured his shoulder at work in 2011. After an extensive period of leave, the employee received a medical certificate in 2013 from the orthopaedic surgeon who operated his shoulder stating that he was ‘fit to return to full normal duties.’ The employee subsequently returned to work on 2 April 2013. He was later informed by his manager that he would be required to attend a functional assessment test before commencing his duties. The employee was directed to attend an appointment with an occupational physician who had knowledge of BHP Coal’s operations.
However, the employee failed to attend the appointment and failed again when the appointment was rescheduled. BHP Coal investigated the matter and found that the employee wilfully refused to attend the appointment and thus dismissed the employee. The issue before the Commission was whether BHP’s requirement for the employee to attend the medical appointment was lawful and reasonable.
The Commission found that the requirement was lawful and reasonable. It found that BHP was required by law to ensure the health and safety of the workers with whom the employee will work with. The direction to obtain a functionality assessment was therefore lawful. The Commission further found that the medical certificate supplied by the employee was of a general nature and did not address the company’s specific concerns. Therefore, it was also reasonable to request more specific medical information.
TimeBase is an independent, privately owned Australian legal publisher specialising in the online delivery of accurate, comprehensive and innovative legislation research tools including LawOne and unique Point-in-Time Products.
