@kingsford.lawyers: 🤒 Off work with a medical certificate and still got fired? Can your boss really do that? Under the Fair Work Act, your job is generally protected while on sick leave. But if you’ve been away 3+ months, used up your leave, and can’t perform your role, your employer may be able to terminate on capacity grounds. ⚠️ What they can’t do: fire you just because you’re sick. That could be unlawful dismissal. 📑 Always document everything, and get legal advice before making your next move. #EmploymentLaw #FairWorkAustralia #QueenslandLawyers

Kingsford Lawyers
Kingsford Lawyers
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Sunday 24 August 2025 08:00:00 GMT
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wild_her_way
Wild Her Way :
What about WA, applied for UNPAID Personal/carers leave?
2026-07-18 04:59:47
0
thomasjamesgillil
Thomas James Gillila :
A company I work for has had a worker off for the last 4 months and has submitted another medical certificate that just says unfit for duties at this time. What can the employer do in this case. While this person is off we can’t replace the hours they are contracted for and this is affecting everyone else who is carry the extra work.
2025-08-24 17:11:42
2
minenotyours666
CougarAlert :
Yeap
2025-08-26 18:13:34
0
shallotonionss
neek :
you forgot to mention that the 3 months of leave must occur within a 12 month period to lose the protection
2025-09-25 12:56:35
1
markrob18051980
markrob18051980 - Mark :
How about declining medical certificates X can they do that?
2025-08-24 20:34:08
2
zombiekill14
nayrb :
I have a question regarding been told to take annual leave can they make you take it
2025-08-24 13:13:55
0
paulie_redd
Paul R 🇦🇺 :
it matters not. because like me I was terminated within 3 hours of my first day back after sick leave just 1 week.
2025-08-25 02:48:50
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adrian_vb1
Adrian🇦🇺🏳️‍🌈 :
I got let go because I caught covid during the time when you had to quarantine for 10 days and I had a medical certificate unfortunately I was just casual
2025-08-24 17:31:05
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js72563
JS :
what if your employer insists that you need to go and see their Dr? If u refuse because you want to see your own Dr only, can you be subject to disciplinary action? can they threaten that?
2025-08-24 13:11:06
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zestynow
ZestyNow :
Two work colleagues take sick leave as a holiday. Always on a Friday or a Monday. We now give them all the labour intensive jobs. The law needs to change. I’m not working to cover them. Meet with owner nothing he can do about it.
2025-08-24 19:43:57
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brad74656e
Brad 🔧 :
what if the employee goes on long term sick leave to avoid termination process
2025-08-24 12:38:40
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emmalouiseonly
emmalouiseonly🇦🇺 :
This exact thing happened to me, have just filed a general protections claim with fair work
2025-10-23 03:41:32
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scoop1984
J 84 :
Damn, I better start using my 10 weeks of sick leave.
2025-08-25 02:33:37
0
ticktockuser17jojo
J :
People’s hourly rate is reduced to pay for their annual leave and holidays they get.So the workers have paid for their own annual leave & sick leave,that’s why casuals receive a lot more money with no paid leave
2025-08-25 08:22:15
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susannashinetime
Suzanna :
How about Victoria ?
2025-08-25 04:59:43
0
alison009088
Alison :
I got fired on workcover due to bulling and stress leave
2025-08-24 14:29:26
1
user477501218
Greg Nunan :
or they just cone up with another reason. or make reasons
2025-08-24 15:51:12
1
petemiller9
Pete Miller :
Question is. can you get fired for not taking the jab???? that termination wasnt lawful.
2025-08-24 09:37:53
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user2799881760342
user2799881760342 :
There’s one thing wrong in this advice. It doesn’t need to be 3 consecutive months. It can also be 3 months over a 12 month period.
2025-08-25 01:44:27
1
gabbi.louisee
itsgbabi :
worked at a place that refused to accept med certs, especially if they were from online and then would start looking at how many days off they had even if they had valid sick leave.. nasty place
2025-08-25 02:39:21
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mmrr4686
mmrr4686 :
My employer advertised my position while off with COVID. When approached them, tried to tell me that they wanted to hire someone else and have 2 receptionist. I called BS, Becaaue they made my time towards end horrible
2025-08-24 13:12:18
0
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