ARTICLE · 10 SEPTEMBER 2020

Repeated failure to attend IME justifies employee dismissal

People + Culture Strategies

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The employee's repeated failure to attend an independent medical examination (IME) was a proper basis for termination.

AustraliaEmployment and HR

Kate Staude

The Fair Work Commission ("FWC") has ruled a dismissal fair after the employee's repeated failure to attend an IME (independent medical examination).

The employee, a senior lecturer at RMIT University ("RMIT") with over 26 years' of service was terminated on the grounds that she could no longer fulfill the inherent requirements of the job pursuant to the terms of the Enterprise Agreement ("EA"). The EA provided that RMIT could construe repeated failure to attend an IME as "prima facie evidence that such an IME would have found that the employee (was) unable to perform (her) duties." The employee admitted she did not attend the three IME appointments but contended that this did not constitute "repeated failures."

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