When can employers lawfully direct an employee to provided further medical evidence is often one of the key questions when managing ill or injured employees. This is a difficult issue for employers to grapple with because, like many employment issues, the answer is – ‘it depends’.
“An ill employee who altered a medical certificate in order to facilitate a RTW was found to have engaged in misconduct, constituting a valid reason for summary dismissal”, writes Mark Curran of Kaden Boriss. “Further, such summary dismissal was not harsh, unjust or unreasonable…”