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FWC upholds dismissal of worker who failed to act on raised temperature


Friday 12 March 2021

The Fair Work Commission has upheld the dismissal of a worker who ignored a raised temperature and continued working in a disability support environment.

The employer had a policy that any staff registering a temperature higher than 38 degrees should leave the workplace and go home or to a medical clinic. The worker took a temperature test and after receiving an erroneous initial reading, registered a temperature of 38.5. Believing the thermometer to be faulty, the worker continued to work in the disability support facility.

After detailed consideration of the evidence, the Commission found that the dismissal was not harsh, unjust or unreasonable. The following link provides access to the reasons for the decision.

Yordanos Fesshatsyen v Mambourin Enterprises Ltd [2021] FWC 1244