Worker dismissed following refusing to attend medical appointment.
A worker had an injury, and they were dismissed after refusing to attend an independent medical examination (IME) which was a reasonable action and request from the Employer.
The company had tried to get the employee to attend on multiple occasions – most importantly in writing.
The worker challenged the dismissal in he South Australian Employment Tribunal (SAET) but advised dismissing the worker was the company’s only option as the employee was unwilling to undertake the IME to determine their fitness to work.
They found the worker was uncooperative and deliberately disobedient and the employer had a sufficient reason to dismiss the worker and the termination was not harsh or unreasonable.
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