Harsh, Unreasonable Or Unjust Dismissal On Medical Grounds

"Harsh, unreasonable or unjust dismissal on medical grounds – onus effectively lies on large employer to show that it has acted reasonably"

Warren v Department of Education [2009] NSWIRComm 1032

1 July 2009

In Brief

• The Industrial Commission of NSW has served notice on large organisations that they defend unfair dismissal cases purely "on the papers" at their peril.

• The decision under the unfair dismissal provisions of the Industrial Relations Act 1996 (NSW) is indicative of the criteria likely to be considered under similar provisions in Part 3-2 of the Fair Work Act 2009 (Cth). It therefore has wide application to large employers, be they government or private.