SA Unfair Dismissal After Disclosing I Take Medication?

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Glen

Member
29 December 2014
2
0
1
I was employed full time (contract) to carry out work for a company. I underwent a pre-employment medical during which time I disclosed I was taking medication. After 4 weeks working in a job I was required to disclose that I was taking medication due to job requirement. The company basically said sorry and have ended my employment.

I gave a up a good job to take up this position, I was honest in my Pre-medical exam prior to being accepted or accepting the job. Issue arose through a lack of communication between my direct employer and the company they were contracted to. Due to the very short period of employment, I am now out of work and have no entitlements.
 

Paul Cott

Well-Known Member
LawConnect (LawTap) Verified
26 May 2014
342
100
889
Ballarat, Victoria
I was employed full time (contract) to carry out work for a company. I underwent a pre-employment medical during which time I disclosed I was taking medication. After 4 weeks working in a job I was required to disclose that I was taking medication due to job requirement. The company basically said sorry and have ended my employment.

I gave a up a good job to take up this position, I was honest in my Pre-medical exam prior to being accepted or accepting the job. Issue arose through a lack of communication between my direct employer and the company they were contracted to. Due to the very short period of employment, I am now out of work and have no entitlements.

Hi Glen,

You havent been there long enough to have an unfair dismissal claim - you need to be there for at least 6 months or 12 months.

You might have a 'general protections' claim though. This type of claim depends on adverse action being taken against you for a prohibited reason - such as illness or medical type reasons. Luckily with such a claim you do not have to prove the action (dismissal) was taken against you for a prohibited reason - the employer has to prove it. You should see an employment lawyer or ring the Fair Work Commission for assistance.

Hope that helps.
Paul.
 

Glen

Member
29 December 2014
2
0
1
Hi Glen,

You havent been there long enough to have an unfair dismissal claim - you need to be there for at least 6 months or 12 months.

You might have a 'general protections' claim though. This type of claim depends on adverse action being taken against you for a prohibited reason - such as illness or medical type reasons. Luckily with such a claim you do not have to prove the action (dismissal) was taken against you for a prohibited reason - the employer has to prove it. You should see an employment lawyer or ring the Fair Work Commission for assistance.

Hope that helps.
Paul.
Thankyou Paul for your reply - the termination letter I received stated that due to the medical requirements of the company I was contracted to support, my employment would be ending.
 

Paul Cott

Well-Known Member
LawConnect (LawTap) Verified
26 May 2014
342
100
889
Ballarat, Victoria
Glen,

Further information as to the reason the medical requirements could only be satisfied by ending your employment would have to be given by your employer.

It can be a defence to end someone's employment if they cannot fulfil the inherent requirements of the position due to their condition e.g. Someone has a slipped disc in their back and the role necessarily required a significant amount of heavy lifting.

Nevertheless I would suggest, as I said, you see an employment lawyer and or call the Fair Work Commission.

Paul.
 
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