The Workplace Relations Commission found that a public transport company unfairly dismissed a maintenance worker and ordered his re-engagement, with continuity of service retained from 2 February 2001.
In a decision dated 13 April 2018, Adjudication Officer Kevin Baneham found the dismissal occurred when the company wrote to say the worker had abandoned his employment after missing a medical appointment. The company cited longstanding attendance issues and efforts to assist him. The worker said he was on certified sick leave after a workplace injury and had not received notice of the appointment.
The officer found the company went straight from the missed appointment to dismissal without using a disciplinary or dismissal procedure. He ordered the worker to be re-engaged in his role within 42 days, retaining continuity of service from 2 February 2001.