Why Employers Must Get an Independent Medical Review Before Firing You
Some employers think they can simply decide you’re unfit for work and show you the door. But Australian workplace law doesn’t make it that easy. If your boss wants to argue that you can’t fulfil the inherent requirements of your role due to a medical condition, they need more than their own opinion. In most cases, they need real evidence — and that means an independent medical assessment.
What Are ‘Inherent Requirements’?
These are the essential duties that define your role. If you're a delivery driver, it might include being licensed to drive and able to lift moderate weight. Employers can’t dismiss you just because you're unwell — they have to prove you can no longer perform the key parts of your job, even with reasonable adjustments.
They Can’t Just Rely on Assumptions
Many employers rely on brief GP certificates or internal opinions, assuming that’s enough. But courts and tribunals have repeatedly found that’s not sufficient. A temporary illness, ongoing treatment, or workplace stress doesn’t automatically mean you’re incapable of working.
Before moving to termination, an employer should:
Seek up-to-date medical evidence
Clearly identify the inherent requirements of the role
Ask whether you can fulfil those requirements now or in the foreseeable future
Explore reasonable adjustments that could support your return
If there’s still uncertainty, they need to commission an independent medical review by a qualified practitioner who understands the role and can give an informed, objective opinion.
If your employer doesn’t bother getting that review, or ignores your treating doctor, they run the risk of breaching workplace laws. Firing someone without proper medical evidence can lead to a successful unfair dismissal claim. The Fair Work Commission has rejected many dismissals where employers jumped the gun, failed to clarify inherent requirements properly, or ignored professional medical opinions.
Key Takeaways for Employees
Your employer can’t just guess you’re unfit for work — they must rely on credible, up-to-date medical evidence.
You may be entitled to reasonable adjustments if you can still perform your role with support.
A proper independent medical review may be required before they can lawfully dismiss you on medical grounds.
