The decision
The Federal Magistrates Court of Australia fined a company
$20,000 and ordered that they pay in compensation $37,000 plus
interest to an ex-employee as well as in excess of $57,000 in costs
for dismissing her due to sick leave.
The background
Ms Kavassilas was a General Manager of a company, Migration
Training Australia ('MTA'). She fell ill during her
employment and took sick leave. Her sister notified MTA that Ms
Kavassilas was unwell on both her first and second day of absence
by telephone. She also informed the MTA that Ms Kavassilas would
provide a medical certificate on her return.
Ms Kavassilas was sacked on her second day of absence. She was
notified of her termination by way of letter delivered to her home.
The dismissal took place before she had even had time to produce
her medical certificate.
