Injured and recovering workers who fail to supply medical information requested by their employers about their ability to perform their job can be sacked. Two separate and fairly recent legal cases highlight that injured workers have to allow their employer(s) to obtain medical information from their treating doctor(s), if they request so.
As of 1 Jan 2014, the Fair Work Commission can deal with applications for an order to stop workplace bullying but only if a worker is bullied while they are (still) at work. This is obviously very problematic if a bullied worker has been sacked after lodging their bullying claim, as shown in the following recent legal case.
A Victorian inured worker was provided with alternative employment due his incapacity to perform his pre-injury duties. His inability to perform pre-injury duties were already determined however his employer attempted to dismiss him based on the results of the Functional Capacity Evaluations.Which should be used as a tool to determine capacity not incapacity….
Terminating an employee for assumed malingering is not a wise decision according to this article. Even if the employee (worker) is performing tasks out of the workplace that the employer assumes proof of malingering.
There is no doubting the damage done by workplace bullies and too often employers turn a blind eye to this type of behaviour. However, it should be clear that terminating the employment of workplace bullies is not only justified it is necessary for employers to ensure a safe environment. Despite the rarity of this occurring, here’s one good example of how it can be done. And, in the long run, it is good for business.
It should be noted that employees are rarely protected when the bully is a manager/supervisor.