ARTICLE · 20 NOVEMBER 2019

Employees unfair dismissal claim dismissed

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Commission concluded that employer acted in good faith & dismissal of an employee who suffered PTSD & depression was not unfair.

AustraliaEmployment and HR

Miette Xamon

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Commission Satisfied Employer Acted In Good Faith

The unfair dismissal application of a pharmaceutical store-person who suffered from debilitating depression and PTSD has been dismissed after the Fair Work Commission found that she was unable to perform the inherent duties of her role.

In Jack v Sigma Healthcare [2019] FWC 6364 the Commission acknowledged the lengthy period for which the employer kept the employee's position open while she was ill/injured, and the procedurally fair process it conducted in terminating her employment.

The employee, Ms Jack, was injured in a non-work related car accident and was away from work from October 2017 until her dismissal in January 2019.

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