A contempo accommodation by the Australia Fair Assignment Agency in Gadzikwa v. Australian Government Department of Human Services,  FWC 4878, has accepted that administration are advantaged to adios employees’ medical certificates back they are too ambiguous to accredit the able acquittal of basal acknowledged obligations.
The amount heard by the agency in this case complex an agent who had been on continued contributed claimed leave due to a brainy bloom condition. Back the agent was due to acknowledgment to work, he was brash he would charge to accommodate his employer with affidavit of his fettle for duty.
The agent provided a two-line medical affidavit from his alleviative practitioner, advertence he was fit to accomplish “light duties.”
The employer assured the agent afterward an belligerent and abridged acknowledgment to a aftereffect appeal for added specifics.
The agent brought a affirmation for arbitrary adjournment alleging, amid added things, that the admonition he provided was acceptable affirmation of his fitness.
The agency alone the arbitrary adjournment affirmation and begin the agent had bootless to accommodate able medical approval at the cessation of his accustomed leave because the medical certificate:
This case is one of a cardinal of cases highlighting that employers should reject medical certificates that do not accommodate acceptable admonition to accredit able aegis of an employee’s bloom and assurance at work.
However, advisers charge be afforded a reasonable befalling to accommodate bigger evidence, and decisions to aish or booty added antidotal activity should never be taken hastily.
Furthermore, all surrounding communications with advisers charge be clear, affable and admiring to abate the accident of acknowledged claims.
Employers should seek acknowledged admonition afore abnegation an invalid medical affidavit or absolution an agent on the base of one provided.
Stella Gehrckens is a alum advocate with Macpherson Kelley, an Australian law firm. © 2018 Macpherson Kelley. All rights reserved. Reposted with permission of Lexology.
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