{"id":4039,"date":"2022-01-31T09:32:00","date_gmt":"2022-01-30T23:32:00","guid":{"rendered":"https:\/\/awdr.com.au\/?p=4039"},"modified":"2022-02-28T10:23:44","modified_gmt":"2022-02-28T00:23:44","slug":"fair-work-rules-dismissal-of-employee-with-known-mental-health-issues-unfair","status":"publish","type":"post","link":"https:\/\/awdr.com.au\/fair-work-rules-dismissal-of-employee-with-known-mental-health-issues-unfair\/","title":{"rendered":"Fair Work rules unfair dismissal of employee with mental health issues"},"content":{"rendered":"\n\n\n

Recently a worker with known mental health issues was dismissed and Fair Work found this to constitute unfair dismissal. The applicant, filed for unfair dismissal Victoria<\/a> and we have shared some of the details surrounding this case below.<\/p>\n\n\n\n

Full Redundancy Privileges Awarded<\/h2>\n\n\n\n

After the Fair Work Commission discovered he was unfairly dismissed, a previous worker of a construction and engineering firm, John Holland, has been honoured payment and full redundancy<\/a> privileges.<\/p>\n\n\n\n

The Fair Work Case<\/h2>\n\n\n\n

In a case that features the significance of employment policies to support workers\u2019 mental well-being, Fair Work discovered John Holland knows that the worker was experiencing severe mental health issues and should have been more careful when tending to his case.<\/p>\n\n\n\n

Ronaldo Salazar was a licensed aircraft mechanical engineer in John Holland Aviation Services in Melbourne. He was terminated at work in December 2013 for questionable misbehaviour. This arise during the continuing conflicts regarding his work records and emails, in which he believes John Holland management was trying to threaten him and his family.<\/p>\n\n\n\n

But Fair Work favoured Salazar and discovered it was not reasonable for John Holland to judge the employee for misbehaving when sending intimidatory message, as the company had documentations of his ailment and medication regimen as stated on his medical certificates.<\/p>\n\n\n\n

Compensation in Lieu of Reinstatement<\/h2>\n\n\n\n

Commissioner Ryan found Salazar\u2019s defence of his condition gave a solid explanation to justify his behavior and John Holland should have given more attention to this and his poor English abilities when managing him.<\/p>\n\n\n\n

The Commissioner ordered compensation<\/a> be paid to Salazar as John Holland is no longer operating this division of its business and therefore reinstatement would not be possible.<\/p>\n\n\n\n