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Tag Archives: Medical Certificate

Employee refuses drug test and wins unfair dismissal claim

The FWC awarded an employee $28,000 in compensation after the employee was dismissed for refusing to take a drug test. The Employee was a pathology collector who, among other things took samples for drug testing purposes.  In March 2016, the Employer received a phone call from a person who said the Employee had been using…

Victorian Tribunal finds that morning sickness constitutes a disability

In a recent decision, the Victorian Civil and Administrative Tribunal have found that pregnancy related ‘morning sickness’ may constitute a disability under the Equal Opportunity Act 2010 (Vic) (Act). In the case, a pregnant full time employee asked to reduce her full time hours to 28 hours a week. The employee experienced severe morning sickness…

FWC gives guidance on employees providing backdated medical certificates

In The Maritime Union of Australia v DP World Sydney Limited, the Fair Work Commission considered the ability of the employer to unilaterally reject backdated medical certificates based on the wording of an applicable enterprise agreement. The Union asserted that the term ‘backdated medical certificate’ related to a certificate ‘which had been falsely dated so…