Unfair Dismissal Case Concludes After Six Years: A Lesson in Employee and Employer Patience

The Fair Work Commission (FWC) has finally ruled on a long-standing case involving a legal secretary's dismissal by Gadens Lawyers, marking the end of a protracted six-year pursuit. This case serves as a striking example of both employee and employer obligations and how the legal process can be stretched out unnecessarily, often to no avail.

Background of the Case

The legal secretary, who had been absent from work for nearly 16 months due to what she described as "progressive and serious health concerns," was dismissed by Gadens Lawyers in September 2018. The dismissal followed her refusal to attend independent medical examinations, which the firm had requested multiple times over a four-month period. Gadens sought to assess her capacity to return to work and to determine whether she could perform the inherent requirements of her role, especially after such a long absence.

The legal secretary, however, argued that Gadens' requests were both unlawful and unreasonable, citing medical evidence provided by her treating doctor. Despite this, the FWC found that her employer had acted fairly and reasonably, given the length of her absence and her refusal to engage with Gadens' attempts to assess her condition.

Unfair Dismissal Case Concludes After Six Years: A Lesson in Employee and Employer Patience

Employer's Patience and Fair Process

Deputy President Nicholas Lake, who presided over the matter, noted that Gadens went beyond what would typically be expected from an employer in a situation like this. The firm provided multiple opportunities for the secretary to attend medical appointments, and even waited over a year before taking the step of terminating her employment. According to Deputy President Lake, Gadens acted with "incredible patience" and took into account her medical circumstances while still fulfilling its responsibility to determine her fitness for work.

He concluded that Gadens had a valid reason for the dismissal, particularly given that the secretary did not cooperate with its requests for an independent medical assessment. Without the ability to assess an employee's fitness to return to work, the employer cannot reasonably be expected to maintain employment, especially when the inherent requirements of the role are in question.

Six Years of Delays and Legal Wrangling

What sets this case apart is the extraordinary length of time it took to resolve. From 2018 to 2024, the secretary continued to challenge her dismissal, seeking multiple adjournments and delaying the filing of her evidence. Despite repeated warnings from the FWC, she persisted in her quest, ultimately submitting over 500 pages of documents in support of her case.

Deputy President Lake remarked on the "determined and spiteful campaign" that the secretary appeared to wage against Gadens Lawyers. Her repeated claims that she "didn't understand" the proceedings and her request for further extensions were deemed vexatious, leading to the eventual dismissal of her application.

Lessons for Employers and Employees

This case highlights several important lessons for both employers and employees. For employers, it underscores the importance of following fair procedures, especially when dealing with long-term employee absences due to medical issues. Gadens Lawyers demonstrated that even when dealing with challenging situations, providing ample opportunities and being mindful of an employee's personal circumstances can help avoid claims of unfair dismissal.

For employees, the case serves as a cautionary tale about the importance of engaging in reasonable dialogue with an employer, particularly when issues of capacity for work arise. While employees have rights under Australian workplace laws, they also have obligations to cooperate with reasonable requests from their employers, especially when those requests are aimed at assessing fitness for work.

Final Thoughts

In the end, the FWC's decision to bring this six-year saga to a close serves as a reminder that the legal process is not designed to be weaponised in personal disputes. The FWC found that the legal secretary's dismissal was not unfair, and that Gadens Lawyers acted within the bounds of fairness and reason. This case stands as a testament to the importance of cooperation, patience, and following proper procedures in any employment dispute.