The WRC recommended that an employer remove 3 to 26 July 2020 from a worker’s sick-leave record and reimburse 2.45 days of salary it had recouped. The recommendation was dated 18 January 2023. The worker said he was available for work while staying home on medical advice and should have been considered for remote work or other duties. The employer said his security role required on-site work and that he did not qualify for special leave with pay. The WRC found he was not ill or unfit for work, but did not meet the requirements for special leave with pay. It concluded the employer had not acted fairly or reasonably in recording the absence as sick leave and seeking to recover the salary.
WRC recommends correcting worker’s sick-leave record and repaying 2.45 days’ salary
Historic decision · Decision date:
Place: no local area assigned from the source.