the Applicant v Coles Supermarkets Australia Pty Ltd
What happened
the Applicant commenced employment with Coles Supermarkets Australia Pty Ltd. The Fair Work Commission heard an application for relief from an unfair dismissal. the Applicant was absent from work for a prolonged period. Coles requested medical information from her, which she did not provide. The company subsequently dismissed her.
What was decided
Deputy President Easton found Coles had a valid reason for dismissing the Applicant. The company also ensured procedural fairness was followed. The Deputy President concluded the dismissal was not harsh, unjust, or unreasonable. The application for relief from unfair dismissal was therefore dismissed. The decision references previous cases including *Sydney Trains v Cahill* and *Bartlett, Mark v Ingleburn Bus Services Pty Ltd*.
What it means for employers
Employers can legitimately dismiss employees for failing to provide requested medical information, provided they have a valid reason and follow fair procedures. Regularly requesting and reviewing employee medical information is important.
What it means for employees
Employees have a responsibility to provide reasonable requests for information from their employer. Failure to do so may lead to dismissal.
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