A staff member at a panel beating and spray-painting business who had been diagnosed with blood cancer was recently awarded $15,000 after the Federal Court found he had been sacked for attempting to access his sick leave entitlements.
After revealing his diagnosis, his employer pressured him to resign. The managing director also harassed him and accused him of feigning his condition.
He refused to resign, continued to apply for sick leave, and provided medical certificates for his treatment.
Instead of being paid sick leave during several months of chemotherapy, he received nothing, which the court found had removed his financial stability at a time when he was extremely vulnerably.
Eventually he was dismissed following an argument with the managing director.
Critical to his case was the whether he had been sacked or -- as his employer claimed -- he had resigned.
The Court decided that it was a dismissal and was the result of him seeking his legal entitlements.
The business employing him and the managing director were also issued with fines totaling $41,500, with the court saying they should be penalised for deliberately denying their employee his fundamental entitlements.
This case highlights how seriously courts view employers taking adverse action against vulnerable employees as well as their willingness to impose penalties personally onto the directors and officers of a business responsible.
Any employee that feels pressured to resign should do so carefully and only as a last resort.
If you find yourself in a similar position, immediately talk to a specialist employment lawyer about your legal rights.
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