Employer successfully questions an employee’s medical certificate
Employer successfully questions an employee’s medical certificate
Crown Casino became aware that the employee was planning to take sick leave to attend the game in Perth. Crown Casino advised the employee against taking the sick leave and that he should pursue other options such as taking annual leave or swapping his shifts. In addition, the Casino told the employee that it considered the misuse of sick leave as serious misconduct which could lead to the employee’s termination. The employee maintained that he was extremely stressed because of Kevin Sheedy’s impending retirement and that was the basis of the sick leave. Despite the warnings of the Casino, the employee attended the game and sought paid sick leave on that day.
On the employee’s return to work the Casino suspended the employee for three days. At a subsequent meeting the Casino terminated the employee’s employment.
The employee brought a claim that the termination of his employment was for a prohibited reason. The prohibited reason was his temporary absence due to illness.
The Court found that it was only in the most unusual circumstances that an employer would be able to not accept the validity of a medical certificate. The Court held that there were exceptional circumstances in this case and that the Casino was able to legitimately question the validity of the medical certificate. The Court denied the employee’s claim that the termination of his employment was for a prohibited reason.
HR Tip : In most cases an employer must accept the validity of an employee’s medical certificate. However there may be some capacity to question the validity of a medical certificate where the employee is known to not be legitimately sick.
Employer successfully questions an employees medical certificate - To learn more about this author, visit Jessica Lee's Website.
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In this case a Crown Casino employee who was a football fanatic had booked flights to watch the last game of Essendon coach Kevin Sheedy and player James Hird, in Perth. The employee obtained a medical certificate for the day on which the game was held.
Crown Casino became aware that the employee was planning to take sick leave to attend the game in Perth. Crown Casino advised the employee against taking the sick leave and that he should pursue other options such as taking annual leave or swapping his shifts. In addition, the Casino told the employee that it considered the misuse of sick leave as serious misconduct which could lead to the employee’s termination. The employee maintained that he was extremely stressed because of Kevin Sheedy’s impending retirement and that was the basis of the sick leave. Despite the warnings of the Casino, the employee attended the game and sought paid sick leave on that day.
On the employee’s return to work the Casino suspended the employee for three days. At a subsequent meeting the Casino terminated the employee’s employment.
The employee brought a claim that the termination of his employment was for a prohibited reason. The prohibited reason was his temporary absence due to illness.
The Court found that it was only in the most unusual circumstances that an employer would be able to not accept the validity of a medical certificate. The Court held that there were exceptional circumstances in this case and that the Casino was able to legitimately question the validity of the medical certificate. The Court denied the employee’s claim that the termination of his employment was for a prohibited reason.
HR Tip : In most cases an employer must accept the validity of an employee’s medical certificate. However there may be some capacity to question the validity of a medical certificate where the employee is known to not be legitimately sick.
Employer successfully questions an employees medical certificate - To learn more about this author, visit Jessica Lee's Website.
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Excellent content and relevant to research
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Dianne CramptonDianne Crampton is an executive leadership coach, team consultant, author and president of TIGERS Success Series, Inc. Dianne has been helping CEO's and Executives connect their employees to their core values and goals for over 20 years using the trademarked TIGERS team culture process, which stands for trust, interdependence, genuineness, empathy, risk and success. To download a free white paper on behaviors that build strong teams and behaviors that will predictably tear them down go here. - Visit Dianne Crampton's Website |
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Leanne Hoagland-SmithAre your sales where you want them to be? Will you be one of the few who achieves sales or business success or one of the many who have failed to change? Are you tired of being told you are like everyone else? Then you may find my first book on sales of interest. Be the Red Jacket in the Sea of Gray Suits, The Keys to Unlocking Sales available at Amazon or at http://www.processspecialist.com/red-jacket.htm. This book is a reflection of my no-nonsense approach to improving sales to overall business results. If you are truly committed to making sustainable changes, then I can help you secure a positive return on your investment because I focus on executable solutions not telling you the problems you already know you have. From training to corporate (group) coaching to executive one on one coaching, my approach is to assess, create awareness, build a goal driven action plan and then execute. The bottom line question is "Not do you or your employees know it, but do you or they want to do it?" Please call for a free strategy session at 219.759.5601. - Visit Leanne Hoagland-Smith's Website |
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Cheryl MatthynssensCheryl is a life skills coach, licensed Chemical Dependency Counselor and a 20 year entrepreneur. Cheryl's dedication to achieving a life of balance led to her expanding her teaching from the simple managing of life's daily challenges to adding financial well being as well. A direct marketer with DrinkACT, she is gaining ground in the online community with her concepts of making sure business owners, entreprenuers and employees have well rounded life styles. She opened up a small affiliate site - The Balance Guide- to help others find resources for mental and emotional well being. Visit Cheryl's blog to see more of the diversity beyond business she has began offering online at www.thebalanceguide.blogspot.com - Visit Cheryl Matthynssens's Website |
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